This article analyzes the recent ruling in RiseandShine Corp. v. PepsiCo, Inc., 23-1176-cv (2d Cir. Dec. 19, 2024) by the U.S. Court of Appeals for the Second Circuit regarding trademark infringement. The Court addressed whether PepsiCo’s “MTN DEW RISE” mark infringes RiseandShine’s registered “RISE BREWING CO.” mark, determining that despite both marks featuring the term ‘Rise’ prominently, no likelihood of confusion existed due to dissimilarity between them. This article highlights the ruling’s importance in reaffirming the application of the Polaroid factors—criteria for judging consumer confusion since 1961—and clarifying key considerations for judging acquired distinctiveness through mark use, including advertising expenditures, sales success, and attempts to plagiarize the mark. Additionally, the decision emphasizes the importance of trademark strength and the degree of similarity between the marks among the Polaroid factors in infringement assessments.