Ninth Circuit Affirms Jury Verdict Based on Trademark Tacking

Parties competing for rights to a trademark must establish they used the trademark first, or that they have “priority.”  One way to prove priority is through “tacking,” which applies the first use date of a similar mark to the mark at issue. On November 22, 2013, in Hana Financial, Inc. v. Hana Bank, the Ninth Circuit affirmed a jury’s verdict that relied on tacking to find the defendant used the trademark before the plaintiff and was not liable for trademark infringement. The Ninth Circuit maintains that tacking is an “exceptionally narrow” doctrine; it is a question of fact—a “highly fact-sensitive   Read More »

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