Will SCOTUS treat trademark strength as a factual question?
As of 04:22 UTC on 29 Sep 2026, Kalshi prices “Will SCOTUS treat trademark strength as a factual question?” at 70%. The market has no Kalshi-reported volume in the last 24 hours. pdata.world compares it with 24 related events on Kalshi, Predict and Polymarket.
If the Supreme Court, in RiseandShine Corp. v. PepsiCo, Inc., rules trademark strength is a question of fact in determining likelihood of confusion under 15 U.S.C. § 1114, then the market resolves to Yes.
The Payout Criterion for the Contract encompasses the Expiration Values that the Supreme Court of the United States has ruled that trademark strength is a question of fact in a likelihood-of-confusion analysis under 15 U.S.C. § 1114 after Issuance and before August 1, 2028. The market resolves to No if the Court holds that trademark strength is a question of law, characterizes it as a mixed question without holding that the trademark-strength determination is factual, dismisses the writ as improvidently granted, or otherwise dismisses, vacates, or remands the case without resolving the Question Presented on the merits. A remand following an express merits holding that trademark strength is a question of fact resolves to Yes.