Alston & Bird Secures U.S. Supreme Court Review for RiseandShine

"Alston & Bird represented RiseandShine Corp. in obtaining U.S. Supreme Court review of its trademark dispute with PepsiCo Inc. The case concerns PepsiCo’s Mtn Dew Rise Energy and raises nationwide questions about how courts assess likelihood of confusion, including the respective roles of judges and juries in determining a mark’s inherent strength."

Alston & Bird represented RiseandShine Corp. in its trademark litigation against PepsiCo Inc., securing U.S. Supreme Court review. The dispute centers on RiseandShine Corp., maker of Rise Brewing Co. nitro cold-brew coffee products, and PepsiCo’s Mtn Dew Rise Energy drink. The Supreme Court’s grant of review will address contested questions about how courts evaluate likelihood of confusion between marks, including the respective roles of judges and juries in determining a mark’s inherent strength. Lower courts have been divided on these issues, and the Court’s decision could carry significant implications for trademark infringement litigation nationwide. Alston & Bird represented RiseandShine Corp. with a team composed by: partners Paul Tanck, Kirk Bradley, and Chris McArdle, supported by Wade Perrin and Maddy Byrd.

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Alston & Bird Secures U.S. Supreme Court Review for RiseandShine

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Alston & Bird Secures U.S. Supreme Court Review for RiseandShine

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