Overview
Robert Zelnick discussed the upcoming Hana Financial v. Hana Bank case in the US Supreme Court, which is expected to clarify the trademark tacking process which lets trademark owners retain an old first-use date even if they slightly modify their mark over the years. “While it is generally viewed as difficult to tack priority of use of a first mark onto a second somewhat different mark, it can be challenging to reconcile the outcomes in tacking cases,” Mr. Zelnick said. “In part this is because of the burden of proof necessary to overturn a jury determination of tacking in courts where tacking is considered a question of fact.”
