Justices Asks US Government to Brief Pepsi ‘Rise’ Trademark Win

US Supreme Court asked the US government for its opinion on a coffee brewer’s claims that PepsiCo. Inc. wrongly escaped a lawsuit alleging “MTN Dew Rise” infringes a “Rise” trademark.

Rise Brewing argued in its petition to the justices that the US Court of Appeals for the Second Circuit twice wrongly found its mark inherently weak rather than leaving the question for a jury. It argued that 12 circuits had found the factor of a trademark’s strength in a likelihood of confusion analysis is a question of fact, whereas the panel in this case twice treated it as a question ...