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Supreme Court: Jury Should Determine Whether ‘Tacking’ Is Permissible

Author: Brian R. Westley

Whether a trademark owner should be permitted to “tack” a modified version of its mark onto an earlier version so as to maintain priority over other users is for a jury to decide, the Supreme Court has ruled, resolving a circuit split. 365 more words

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Supreme Court Gives Power Back to Juries in Trademark Cases

If the wording or design of your trademark has evolved over the years, the decision on Wednesday in Hana Financial v. Hana Bank is important. It is the second in a row this week where our top court endorsed the ability and wisdom of those who make the first round decisions in most intellectual property cases. 524 more words