Overview
Joanne Ludovici predicted that the Supreme Court’s Hanna Financial ruling, which held that so-called trademark tacking is a factual question that should be dealt with by juries, “will have limited application.” However, Ms. Ludovici called tacking “a high-stakes issue” and said the Court’s decision means “that jurors are not only smart enough to handle trademark tacking, but are the only ones who should decide it, because it turns on consumer perception in the marketplace and involves fact-intensive analysis.”