Legal Opinion
Hana Financial, Inc. v. Hana Bank
Supreme Court of the United States
Decided January 21, 2015No. 13-1211PublishedCited by 51 opinions
1Opinion of the CourtJustice Sotomayor
Rights in a trademark are determined by the date of the mark's first use in commerce. The party who first uses a mark in commerce is said to have priority over other users. Recognizing that trademark users ought to be permitted to make certain modifications to their marks over time without losing priority, lower courts have provided that, in limited circumstances, a party may clothe a new mark with the priority position of an older mark. This doctrine is called "tacking," and lower courts have found tacking to be available when the original and revised marks are "legal equivalents" in that…
2Cases cited20 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Hamling v. United StatesSupreme Court of the United States · 1974
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- United States v. GaudinSupreme Court of the United States · 1995
- Miller v. FentonSupreme Court of the United States · 1985
15 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Cross Commerce Media, Inc. v. Collective, Inc.Court of Appeals for the Second Circuit · 2016
- Commodores Entertainment Corporation v. Thomas McClaryCourt of Appeals for the Eleventh Circuit · 2018
- FN Herstal SA v. Clyde Armory Inc.Court of Appeals for the Eleventh Circuit · 2016
- Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U.Court of Appeals for the Federal Circuit · 2015
- Progressive Distribution Services, Inc. v. United Parcel Service, Inc.Court of Appeals for the Sixth Circuit · 2017
46 more not listed; retrieve them via the Exa API.