Doctrine & Data

Commentary & Analysis

Thoughts on intellectual property law, empirical legal studies, trademark doctrine, and the intersection of law and technology.

July 6, 2026 Commentary

RiseandShine v. PepsiCo: The Supreme Court Takes Up Confusion

The Supreme Court granted certiorari to decide whether trademark strength is a question of fact or law. My new essay measures the assumption beneath the question: juries decide about two percent of these cases.