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Supreme Court of the United States › Tacking

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
King & Spalding

Intellectual Property Newsletter - January/February 2016

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2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know - In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the...more

King & Spalding

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know

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In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the top five most discussed issues....more

BakerHostetler

Favoring a Holistic Approach, the Federal Circuit Overturns TTAB Decision to Refuse Paw Print Logo

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Last week, the United States Court of Appeals for the Federal Circuit reviewed a TTAB decision that had refused outdoor apparel company Jack Wolfskin’s application to register its paw print logo. Jack Wolfskin Ausrustung fur...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law: Winter 2015 - Vol. 13, Issue 1

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In This Issue: - Tips for Developing a Cost-Effective Foreign Patent Strategy - Supreme Court Holds that Trademark Tacking Should be Decided by a Jury in Hana Financial, Inc. v. Hana Bank - Amending...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Holds that Trademark Tacking Should be Decided by a Jury in Hana Financial, Inc. v. Hana Bank

McDonnell Boehnen Hulbert & Berghoff LLP on

In a 9-0 decision authored by Justice Sotomayor, the Supreme Court held on January 21, 2015 that trademark tacking is a question of fact, which should be decided by a jury. The case, Hana Financial, Inc. v. Hana Bank, sought...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Top 5 Takeaways for Trademark Owners from the Supreme Court's Hana Financial, Inc. v. Hana Bank Tacking Decision

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Many commentators have weighed-in on the Supreme Court's recent Hana Financial decision, which involved two competing HANA-formative marks for financial services, including one that had been modified over the years to couple...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - February 2015

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The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and...more

McDermott Will & Emery

Supreme Court Finds Trademark Tacking to Be a Jury Question - Hana Financial, Inc. vs. Hana Bank, et. al.

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The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more

Ladas & Parry LLP

U.S. Supreme Court: Trademark Tacking Should Be Determined By the Jury

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On January 20, 2015, the U.S. Supreme Court, in a unanimous decision written by Justice Sonya Sotomayor, issued its first trademark ruling in more than a decade. The Court held that “trademark tacking” is a factual issue...more

Latham & Watkins LLP

Trademark Tacking: Supreme Court Decides Who Decides

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The United States Supreme Court settles circuit split, ruling that juries determine if a party’s revisions to a trademark impart the same commercial impression to consumers. Trademark owners often update their marks...more

Foley Hoag LLP - Trademark, Copyright &...

Tacky Victory: Hana Bank allowed to use three different trademarks to gain priority over Hana Financial

Foley Hoag LLP - Trademark, Copyright &... on

In a unanimous ruling, the Supreme Court upheld the Ninth Circuit Hana Financial v. Hana Bank and ruled that the question of “tacking” — whether a party’s prior version of its trademark is so closely similar to the current...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Update – Hana Financial v. Hana Bank

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Sheppard Mullin’s intellectual property group prevailed before the United States Supreme Court in the trademark matter entitled Hana Financial v. Hana Bank.  574 U.S. ___ (2015).  Justice Sotomayor, writing for a unanimous...more

Baker Donelson

Juries to Decide Trademark "Tacking"

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On January 21, 2015, the U.S. Supreme Court in Hana Financial, Inc. v. Hana Bank, held that whether two trademarks are "legal equivalents" and thus may be "tacked" together for purposes of determining priority is a question...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - January 2015 #4

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DISTRICT COURT CASES - Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims - Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more

BakerHostetler

Trademark “tacking” questions should go to a jury, SCOTUS rules

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The Supreme Court issued its first substantive trademark decision of the current term yesterday in Hana Financial, Inc. v. Hana Bank. The district court had charged the jury with determining whether Hana Bank’s original mark,...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Tackles Tacking Question in Hana

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On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) that go to a jury and (2) whose facts do not warrant either summary judgment...more

McDermott Will & Emery

Supreme Court Finds Trademark Tacking to Be a Jury Question

McDermott Will & Emery on

On January 21, 2015, the Supreme Court of the United States issued a unanimous decision in Hana Financial, Inc. vs. Hana Bank, et. al., pertaining to a substantive trademark matter, namely, whether a judge or jury should...more

Miller Canfield

Can This Trademark Be Tacked? Ask the Jury

Miller Canfield on

“Trademark tacking” is an issue of fact that must be decided by a jury, the U.S. Supreme Court has unanimously ruled in Hana Financial, Inc. v. Hana Bank, et al. “Trademark tacking” is the doctrine by which a trademark...more

Eversheds Sutherland (US) LLP

U.S. Supreme Court Unanimously Rules That Juries Should Decide Trademark Tacking

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In its first substantive trademark ruling in more than a decade, the U.S. Supreme Court unanimously held on January 21, in Hana Financial, Inc. v. Hana Bank et al., No. 13-1211, that tacking – which is whether two trademarks...more

Tucker Arensberg, P.C.

Supreme Court Holds That Whether or Not Trademarks May Be Tacked in Determining Priority is a Question for the Jury

Tucker Arensberg, P.C. on

In a recent case, Hana Financial Inc. v. Hana Bank et al., the Supreme Court of the United States was presented with the question of whether a judge or a jury should determine if tacking was available in a particular...more

Orrick - Trade Secrets Group

Supreme Court Tackles Tacking Question in Hana

Orrick - Trade Secrets Group on

On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) that go to a jury and (2) whose facts do not warrant either summary judgment...more

Fenwick & West LLP

Litigation Alert: Hana Financial v. Hana Bank - The Supreme Court Reaffirms the Power of the Jury to Decide Issues of Commercial...

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In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial...more

Foley & Lardner LLP

Supreme Court Rules Trademark Tacking Is a Question for Juries

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The tacking doctrine allows trademark owners to make slight modifications to their marks over time without an attendant loss of rights. Specifically, owners can claim priority in a mark based on the first use date of a...more

Morrison & Foerster LLP

Supreme Court Holds That “Tacking” Inquiry Is Generally a Jury Question

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Yesterday, the Supreme Court issued its opinion in Hana Financial, Inc. v. Hana Bank, No. 13-1211. The issue presented was whether the judge or the jury should determine whether two trademarks may be “tacked” for purposes of...more

Morgan Lewis

Supreme Court’s Trademark Tacking Decision: Possible Impact on Likelihood of Confusion?

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The Supreme Court’s decision that juries should decide whether consumers would consider two marks to be the same for the purpose of trademark tacking may help resolve a split in the circuits as to whether the likelihood of...more

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