Alston & Bird secured Supreme Court review in RiseandShine Corp. v. PepsiCo Inc., a trademark dispute that will address important questions regarding how courts evaluate likelihood of confusion, including the respective roles of judges and juries in determining a mark’s inherent strength.
The case arises from a dispute between RiseandShine Corp., the maker of Rise Brewing Co. nitro cold-brew coffee products, and PepsiCo Inc. over PepsiCo’s “Mtn Dew Rise Energy” drink. In granting review, the Supreme Court will consider issues that have divided lower courts and carry meaningful implications for trademark infringement litigation nationwide.
Representing RiseandShine Corp. is an Alston & Bird team led by partners Paul Tanck, Kirk Bradley, and Chris McArdle, and supported by Wade Perrin and Maddy Byrd.