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Supreme Court rules that juries should determine trade mark tacking

Michael Loney, New York

The US Supreme Court has unanimously held that the question of whether two trade marks may be tacked for purposes of determining priority is a question for the jury, in its Hana Financial v Hana Bank opinion

Justice Sonia Sotomayor delivered the opinion of the court in a short 10-page opinion.

The dispute arose around whether a judge or jury should determine the availability of tacking – the ability for a party to clothe a new mark...

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