Supreme Court to decide if trademark "tacking" is properly determined by judge or jury


The U.S. Supreme Court this Monday agreed to hear a case on trademark tacking to resolve the current circuit split. In Hana Financial, Inc. v. Hana Bank, the high court will address whether trademark tacking is an issue of law or an issue of fact for a jury to decide.

The doctrine of trademark "tacking" allows a trademark owner to "tack" the use of an older mark onto a new mark for purposes of determining priority, allowing the owner to make slight modifications to a mark over time without losing its date of first use. Trademark tacking is available where the modified marks are "legal equivalents." — Read more on Fish’s Litigation Blog