Trademarks Supreme Court of the United States

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
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Supreme Court Holds that Trademark Tacking Should be Decided by a Jury in Hana Financial, Inc. v. Hana Bank

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

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

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

MarkIt to Market - February 2015

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

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

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

Supreme Court Considers Impact of TTAB "Likelihood of Confusion" Finding on Trademark Infringement Litigation

On December 2, 2014, the United States Supreme Court heard oral argument in B&B Hardware, Inc. v. Hargis Industries, Inc.. The question before the Supreme Court is how much deference, if any, a federal district court hearing...more

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

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

Trademark Tacking: Supreme Court Decides Who Decides

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

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

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

Supreme Court Update – Hana Financial v. Hana Bank

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

Intellectual Property Alert: The Supreme Court Points Courts to Juries on Issue of Trademark Tacking

On January 21, 2015, the Supreme Court issued a unanimous decision, affirming the ruling of the U.S. Court of Appeals for the Ninth Circuit, holding that trademark tacking is an inquiry that operates from the perspective of...more

Juries to Decide Trademark "Tacking"

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

IP Newsflash - January 2015 #4

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

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

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

Supreme Court Tackles Tacking Question in Hana

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

In Rare Trademark Decision, Supreme Court Rules That “Tacking” Is A Jury Issue

On January 21, 2015, in its first substantive trademark case in over 10 years, the U. S. Supreme Court unanimously held that when a trademark owner attempts to establish priority based on an earlier use of a nearly-identical...more

Supreme Court Finds Trademark Tacking to Be a Jury Question

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

Can This Trademark Be Tacked? Ask the Jury

“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

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

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

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

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

Supreme Court Tackles Tacking Question in Hana

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

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

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

Supreme Court Rules Trademark Tacking Is a Question for Juries

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

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

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

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

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

Supreme Court Hears Trademark Cases on the Preclusive Effect of TTAB Decisions and the Tacking Doctrine

In its October 2014 term, the U.S. Supreme Court heard oral argument in two trademark cases. Both cases have practical significance for trademark litigants because they have the potential to change the way parties approach...more

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