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, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
Kirk Timothy Bradley
Alston & Bird LLP
For respondent
Dale M. Cendali
Kirkland & Ellis LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage · 1 merits
(1 supporting pet./neither)
Proceedings
- Aug 31 2026Motion of RiseandShine Corporation, dba Rise Brewing to dispense with joint appendix submitted.
- 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)