AIPLA Files Supreme Court Amicus Brief in RiseandShine v. PepsiCo

Alexandria, VA. September 15, 2026 – The American Intellectual Property Law Association (AIPLA) filed an amicus brief in RiseandShine Corp. v. PepsiCo, Inc., a case before the Supreme Court of the United States. AIPLA’s brief urges the Court to hold that the conceptual strength of a trademark presents a question of fact and to vacate the Second Circuit’s decision holding that the issue presents a question of law. The brief explains that the Second Circuit’s decision conflicts with decisions from numerous other circuit courts and that recent Supreme Court decisions strongly support treating trademark strength as a factual question. The brief also explains why the issue is factual, namely because trademarks are viewed through the eyes of the ordinary consumer. Finally, the brief addresses the importance of the issue, the need for a uniform rule, and argues that the Second Circuit’s decision risks depriving parties of their right to a jury trial under the Seventh Amendment.