Hana Financial, Inc. v. Hana Bank

Summary

The Supreme Court held that whether two trademarks may be tacked for purposes of determining priority is generally a question for the jury when a jury trial is requested and the facts do not warrant summary judgment or judgment as a matter of law. The Court affirmed the Ninth Circuit, explaining that tacking involves a fact-intensive inquiry into whether the marks create the same continuing commercial impression from the perspective of an ordinary consumer.

Holdings

1. When a jury trial has been requested and the facts do not warrant summary judgment or judgment as a matter of law, whether two marks may be tacked for purposes of determining trademark priority must be decided by a jury.

Questions Presented

1. Whether the question whether two trademarks may be tacked for purposes of determining priority is for a judge or a jury when a jury trial has been requested and the facts do not warrant summary judgment or judgment as a matter of law.

Disposition

affirmed