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Hana Financial, Inc. v. Hana Bank

Docket No.: 13-1211
Certiorari Granted: Jun 23 2014
Argued: December 3, 2014
Decided: January 21, 2015

Topics:

patent, trademark, trademark tacking

PartyNames: Hana Financial, Inc. v. Hana Bank, et al.
Petitioner: Hana Financial, Inc.
Respondent: Hana Bank, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 735 F.3d 1158
Supreme Court Docket

Hana Financial, Inc.
v.
Hana Bank, et al.
Question Presented:

To own a trademark, one must be the first to use it; the first to use a mark has "priority." The trademark "tacking" doctrine permits a party to "tack" the use of an older mark onto a new mark for purposes of determining priority, allowing one to make slight modifications to a mark over time without losing priority. Trademark tacking is available where the two marks are "legal equivalents." The question presented, which has divided the courts of appeals and determined the outcome in this case, is: Whether the jury or the court determines whether use of an older mark may be tacked to a newer one?

Hana Financial, Inc. v. Hana Bank
ORAL ARGUMENT

December 3, 2014

Listen to Oral Argument in Hana Financial, Inc. v. Hana Bank
Holding: AFFIRMED
Vote: 9-0
Majority: unanimous
Opinion By:
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