Hana Financial, Inc. v. Hana Bank (2014)
- Docket
- 13-1211
- Decided
- 2014-01-01
Summary
Question: 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? Conclusion: The issue of "tacking" is a mixed question of law and fact to be determined by the jury. Justice Sonia M. Sotomayor wrote the opinion for the unanimous Court. The Court noted that the test for "tacking" is whether the two marks create the same, continuing commercial impression so that consumers consider both as the same mark. The Court held that juries are better equipped to make a determination under a test that relies on consumer impressions. Juries can also apply legal standards to facts when given adequate jury instruction. However, a judge may decide a "tacking" question on a motion for summary judgment, a motion for judgment as a matter of law, and during a bench trial. The Court concluded that allowing juries to resolve "tacking" questions would not create any more unpredictability in the law of trademarks than other jury determinations across all legal fields.