Amicus Brief

Hana Financial, Inc. v. Hana Bank

Published: December 2, 2014

Court

U.S. Supreme Court

Our Position

The Court should uphold the Ninth Circuit’s decision in favor of Hana Bank, finding that it had priority use of the “Hana” trademark as a result of the doctrine of tacking and taking the position that continuing commercial impression is a question of fact.

Outcome

The U.S. Supreme Court ruled, as advocated by INTA, that because the question of trademark tacking requires a determination of whether the two marks create the same commercial impression, the inquiry is a question of fact to be decided by a jury.

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