Search SCOTUSblog

Type to search articles, cases, and authors.

Press ↵ to view all results.

Skip to main content
Cert. Granted

RiseandShine Corporation v. PepsiCo, Inc.

Docket No.24-1016
Op. Below2nd Cir.

Issue

Whether trademark strength is a question of fact in a likelihood-of-confusion analysis under 15 U.S.C. § 1114.

Proceedings & orders timeline

Mar 19, 2025
Petition for a writ of certiorari filed. (Response due April 23, 2025)
May 6, 2025
DISTRIBUTED for Conference of 5/22/2025.
May 13, 2025
Response Requested. (Due June 12, 2025)
May 15, 2025
Motion to extend the time to file a response from June 12, 2025 to July 14, 2025, submitted to The Clerk.
May 16, 2025
Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2025.
Jul 14, 2025
Brief of respondent PepsiCo, Inc. in opposition filed.
Jul 25, 2025
Reply of petitioner RiseandShine Corporation filed.
Jul 30, 2025
DISTRIBUTED for Conference of 9/29/2025.
Oct 6, 2025
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 20, 2026
Brief amicus curiae of United States filed.
Jun 8, 2026
Supplemental brief of respondent PepsiCo, Inc. filed. (Distributed)
Jun 8, 2026
Supplemental brief of petitioner RiseandShine Corporation, dba Rise Brewing filed. (Distributed)
Jun 9, 2026
DISTRIBUTED for Conference of 6/25/2026.
Jun 29, 2026
Petition GRANTED.
Jul 20, 2026
Brief amicus curiae of Thomas A. Reichert in support of neither party filed.
Aug 6, 2026
Motion for an extension of time to file the briefs on the merits filed.
Aug 10, 2026
Motion 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 17, 2026
Motion for a further extension of time to file the briefs on the merits filed.
Aug 21, 2026
Motion 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 31, 2026
Motion to dispense with printing the joint appendix filed by petitioner RiseandShine Corporation, dba Rise Brewing.
Sep 8, 2026
Brief of petitioner RiseandShine Corporation, dba Rise Brewing filed.
Sep 15, 2026
Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Sep 15, 2026
Amicus brief of Professor Sepehr Shahshahani submitted.
Sep 15, 2026
Brief amicus curiae of American Intellectual Property Law Association filed.
Sep 15, 2026
Brief amicus curiae of International Trademark Association in support of neither party filed.
Sep 15, 2026
Amicus brief of Trademark Law Scholars submitted.
Sep 15, 2026
Amicus brief of United States not accepted for filing. (September 17, 2026) (corrected version to be efiled)
Sep 15, 2026
Brief amicus curiae of United States supporting vacatur filed. (Corrected)

Welcome

Tell us a bit about yourself and choose what you’d like to hear from us. You can change any of it any time in your account.