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Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
No. 24-1016 · October Term 2026
Is trademark strength a question of fact, rather than a question of law, in a trademark infringement likelihood-of-confusion analysis?
Rise Brewing was founded in 2014 and built a national brand selling canned nitro-brewed coffee under registered “RISE” marks, investing roughly $17.5 million in advertising and earning consumer awards including People Magazine's 2019 “Best Canned Coffee.” PepsiCo, which had previously met with Rise Brewing’s founders as a potential acquisition target, chose instead to launch its own canned energy drink in March 2021 under the mark “MTN DEW RISE ENERGY,” displaying the word “RISE” in large capital letters across the upper third of the can—matching the visual format of Rise Brewing’s product. Witness testimony confirmed that consumer confusion between the two products was the “norm, not the exception,” with customers ordering Rise Brewing’s coffee and receiving PepsiCo’s product instead. Rise Brewing sued PepsiCo for trademark infringement, arguing that PepsiCo’s use of “RISE” created a likelihood of reverse confusion—consumers mistakenly believing Rise Brewing’s coffee was affiliated with or produced by PepsiCo. Central to the litigation was how to assess the strength of the RISE marks, which a court must weigh as part of its likelihood-of-confusion analysis: the district court…
From Oyez.