Who decides trademark similarity
Hana Financial v. Hana Bank
In brief
The Supreme Court unanimously agreed with the Ninth Circuit that a jury decides whether marks qualify for tacking.
- Where it stands
- Decided
Decided 9-0 · January 21, 2015 · Opinion by Justice Sotomayor
- What it’s about
- Hana Financial and Hana Bank disputed trademark priority, including whether an older mark’s priority date could carry over to a newer mark (a process called “tacking”).
- Who it affects
- In trademark-priority disputes, juries—not judges—decide whether two marks qualify to share an earlier priority date.
Summary: written with AI from the case record.
What it's about
The Supreme Court unanimously agreed with the Ninth Circuit (affirmed) that a jury decides whether marks qualify for tacking.
Tacking lets an older trademark’s priority date carry over to a newer mark.
Question presented
Is the determination of whether a trademark may be tacked to an earlier mark a question of law which a court must decide, or a question of fact for the jury?
What the Court decided
Holding
Whether two trademarks may be tacked for purposes of determining priority is a question for the jury. 1158, affirmed.
- Result
- Affirmed
The vote
What's next
The Ninth Circuit’s ruling remains in place. Courts handling trademark-priority disputes must leave the tacking question to juries.
Documents
Opinions
Docket activity
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AI analysis generated: Case Briefing
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AI analysis generated: Impact Analysis
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Case data updated: summary, question_presented, generation_metadata
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Opinion added: Hana Financial
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.