Will SCOTUS treat trademark strength as a factual question?
·PoliticsIf 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.
