Supreme Court of the United States · Official docket →
RiseandShine Corporation, dba Rise Brewing v. PepsiCo, Inc.
Paid petition · United States Court of Appeals for the Second Circuit, No. 23-1176 · judgment December 19, 2024
Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a business petitioner, and down for a business respondent.
Question presented
Courts in every circuit consider several factors in determining whether an alleged trademark infringer's use "is likely to cause confusion" under 15 U.S.C. § 1114. Chief among those factors is the trademark's strength, that is, its level of distinctiveness. Twelve circuits consider trademark strength an issue of fact. The Second Circuit stands alone in considering it a question of law. The question presented is: Whether trademark strength is a question of fact in a likelihood-of-confusion analysis under 15 U.S.C. § 1114.
Counsel of record
For petitioner
Paul Tanck
Alston & Bird LLP
For respondent
Dale M. Cendali
Kirkland & Ellis LLP
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage · 7 merits
(7 supporting pet./neither)
Orders
Order list, October 6, 2025
Order list, June 29, 2026 · Certiorari granted
Order list, October 5, 2026
Proceedings
- Oct 05 2026Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Sep 15 2026Amicus brief of United States not accepted for filing. (September 17, 2026--corrected version to be efiled.)
- Sep 15 2026Brief amicus curiae of United States supporting vacatur filed. (Corrected)
- Sep 15 2026Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
- Sep 15 2026Brief amicus curiae of American Intellectual Property Law Association filed.
- Sep 15 2026Brief amicus curiae of International Trademark Association in support of neither party filed.
- Sep 15 2026Brief amicus curiae of Trademark Law Scholars in support of neither party filed.
- Sep 15 2026Brief amicus curiae of Professor Sepehr Shahshahani in support of neither party filed.
- Sep 08 2026Brief of petitioner RiseandShine Corporation, dba Rise Brewing filed.
- Aug 31 2026Motion to dispense with printing the joint appendix filed by petitioner RiseandShine Corporation, dba Rise Brewing.
- Aug 21 2026Motion to further extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including September 8, 2026. The time to file respondent's brief on the merits is further extended to and including November 4, 2026.
- Aug 17 2026Motion for a further extension of time to file the briefs on the merits filed.
- Aug 10 2026Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 31, 2026. The time to file respondent's brief on the merits is extended to and including October 19, 2026.
- Aug 06 2026Motion for an extension of time to file the briefs on the merits filed.
- Jul 20 2026Brief amicus curiae of Thomas A. Reichert in support of neither party filed.
- Jun 29 2026Petition GRANTED.
- Jun 09 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 08 2026Supplemental brief of respondent PepsiCo, Inc. filed. (Distributed)
- Jun 08 2026Supplemental brief of petitioner RiseandShine Corporation, dba Rise Brewing filed. (Distributed)
- May 20 2026Brief amicus curiae of United States filed.
- Oct 06 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jul 30 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 25 2025Reply of petitioner RiseandShine Corporation filed.
- Jul 14 2025Brief of respondent PepsiCo, Inc. in opposition filed.
- May 16 2025Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2025.
- May 15 2025Motion to extend the time to file a response from June 12, 2025 to July 14, 2025, submitted to The Clerk.
- May 13 2025Response Requested. (Due June 12, 2025)
- May 06 2025DISTRIBUTED for Conference of 5/22/2025.
- Mar 19 2025Petition for a writ of certiorari filed. (Response due April 23, 2025)