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Articles

Fish’s Kristen McCallion shares her insight into the significance of the Supreme Court decision on trademark tacking in Hana Financial Inc. v. Hana Bank.

January 22, 2015

Articles

Fish’s Kristen McCallion shares her insight into the significance of the Supreme Court decision on trademark tacking in Hana Financial Inc. v. Hana Bank.

January 22, 2015

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“What is important to note is that the Supreme Court’s decision does not eradicate a judge’s ability to determine tacking in all situations and for this reason, it is not likely to have too much of an impact going forward. While the court recognized that a jury ‘should’ make the determination of whether modified, but ‘legally equivalent’ marks should be tacked in order to determine trademark priority, the court also explained that a judge is not prohibited from making this same determination. For example, a judge can properly decide a tacking question on a motion for summary judgment or in a bench trial.”

The full Law360 article, published on January 21, 2015, can be read here.

Fish also prepared a client alert and blog post summarizing the decision.

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