US Supreme Court will decide who determines trademark strength
The U.S. Supreme Court recently granted certiorari in RiseandShine Corporation v. PepsiCo, Inc. to address a narrow but important trademark issue: whether a trademark’s inherent strength as part of a likelihood-of-confusion analysis is a question of law for judges or a question of fact, typically reserved for juries. The answer may affect how often trademark cases are resolved on summary judgment rather than proceeding to a jury trial.
Source: SCOTUS To Decide Who Determines Trademark Strength: Judge or Jury? | BakerHostetler – JDSupra
