SCOTUSblog: Hana Financial, Inc. v. Hana Bank
may claim priority in a mark based on the first date of use of a similar but technically distinct mark where the previously used mark is the legal equivalent of the mark in question or indistinguishable such that consumers consider both as the same mark. The Ninth Circuit affirmed, ruling that tacking is a question of fact that must ultimately be decided by the jury.
Holding: In a unanimous decision, the Supreme Court ruled that whether two trademarks may be tacked for purposes of determining priority is a question for the jury. When the relevant question is how
an ordinary person or community would make an assessment, the jury is generally the decisionmaker that ought to provide the fact-intensive answer.