Legal Opinion
Hana Financial, Inc. v. Hana Bank
Court of Appeals for the Ninth Circuit
Decided November 22, 2013No. 11-56678PublishedCited by 87 opinions
1Opinion of the Court
OPINION
CALLAHAN, Circuit Judge:
A party claiming trademark ownership must establish that it was the first to use the mark in the sale of goods or services. This concept is known as trademark “priority.” One of the ways that a party may establish priority is through the constructive use doctrine known as “tacking.” Tacking allows a party to “tack” the date of the user’s first use of a mark onto a subsequent mark to establish priority where the two marks are so similar that consumers would generally regard them as being the same.
We have previously indicated that tacking only applies in…
2Cases cited15 opinions
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- United States v. HellerCourt of Appeals for the Ninth Circuit · 2009
- Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
- Estate of Martin v. California Department of Veterans AffairsCourt of Appeals for the Ninth Circuit · 2009
- One Industries, LLC v. Jim O'Neal Distributing, Inc.Court of Appeals for the Ninth Circuit · 2009
10 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Hana Financial, Inc. v. Hana BankSupreme Court of the United States · 2015
- Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V.District Court, District of Columbia · 2016
- Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V.District Court, District of Columbia · 2014
- State v. Jason RobertsSupreme Court of Vermont · 2024
- Bertini v. Apple Inc.Court of Appeals for the Federal Circuit · 2023
82 more not listed; retrieve them via the Exa API.