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.
Read more about RiseandShine v. PepsiCo: The Supreme Court Takes Up ConfusionHow the Ninth Circuit's app-store context reframed a house-mark issue in a reverse-confusion case, and why the cert petition cited my DuPont research.
Read more about World Champ Tech v. Peloton: House Marks, App Stores, and the Quiet Power of ContextWhat this blog covers: trademark doctrine measured at scale, empirical legal studies, and how lawyers can use AI reliably.
Read more about Welcome to Doctrine & DataWork with Reichert
Talks and advisory work on reliable AI in legal practice. The proof is in two projects. An LLM-coded study of roughly 4,000 TTAB decisions, checked against Reichert’s own review of 1,002 factor-level findings (97% agreement), found that two DuPont factors predict the outcome more than 99% of the time. The Fair Use Database (opens in new tab) answers only from its coded corpus.