Eleanor Yost Quoted in Law360: “Trademark Cases to Watch in 2026”
Eleanor Yost was quoted in a Law360 article titled “Trademark Cases to Watch in 2026.” The article discusses some of the most anticipated trademark cases set to take place in the coming year.
Yost commented on RiseandShine Corp. v. PepsiCo Inc., an appeal that considers whether judges or juries should determine a trademark's strength in a lawsuit over PepsiCo's "Mtn Dew Rise Energy" drinks brought by the maker of "Rise" nitro-brewed coffee drinks.
Yost said whatever happens with the appeal may not change much for trademark practitioners.
"Is it a conceptually interesting case? Yes. But from a practical perspective, when lawyers are actually litigating this issue, they're going to spend a lot of time trying to convince — whether it's the fact finder or the judge — that there is a consumer association with whatever term and the underlying product," she said.
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