“Pepsi Case Could Reshape How Courts Judge Trademark Strength”

A trademark dispute over the word “rise” could affect who decides how strong a brand is: a judge or a jury. In an article for Bloomberg Law, Marshall Gerstein Partner and Chair of the firm’s Trademarks & Copyrights Practice, Tiffany Gehrke, and summer associate Kevin Zhu examine the U.S. Supreme Court’s review of Rise Brewing’s infringement case against PepsiCo and its potential effect on trademark litigation nationwide.

The authors also draw a practical lesson for businesses choosing a mark: “Consider whether the field is already crowded or whether your brand has room to grow and keep competitors out.” 

They explain how existing marks and statements made during trademark registration can affect a company’s ability to enforce its rights later.

Read Tiffany and Kevin’s article in Bloomberg Law.