__NOTOC__ Hana Financial, Inc. v. Hana Bank, , was a United States Supreme Court case in which the court held that whether two trademarks may be tacked for purposes of determining priority is a question for the jury..
Background
Hana Financial, Inc. and Hana Bank both provided financial services to individuals in the United States. When Hana Financial sued Hana Bank for trademark infringement, Hana Bank invoked in defense the tacking doctrine, under which courts have provided that a trademark user may make certain modifications to its mark over time while, in limited circumstances, retaining its priority position. Hana Financial's claim was tried before a jury, and the federal District Court adopted in substantial part the jury instruction on tacking proposed by Hana Financial. The jury returned a verdict in Hana Bank's favor. Affirming, the Ninth Circuit Court of Appeals explained that the tacking inquiry was an exceptionally limited and highly fact-sensitive matter reserved for juries, not judges.
Opinion of the court
The Supreme Court issued an opinion on January 21, 2015.
Later developments
See also Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.
References
External links