Tag Archives: Ninth Circuit

It’s a historic week for trademarks!  On January 21, 2015, the U.S. Supreme Court issued a decision in the case of Hana Financial, Inc. v. Hana Bank, which marks the high court’s first substantive ruling on trademarks in more than … Continue reading

Posted in Trademark & Trade Dress | Tagged , , , , , , , , , , , , , | Comments Off on Who A-Tacks a Decision on Tacking? U.S. Supreme Court Rules That Tacking Trademarks to Gain Earlier First Use Is a Question Of Fact

We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the Patent Act (“§285”) … Continue reading

Posted in Intellectual Property, Patent Litigation, Trade Secret & Unfair Competition, Trademark & Trade Dress | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Low Octane Levels? Octane Fitness’ Impact in the Trademark and Trade Secret Realms

“Priority of use” is a key issue in any case involving a trademark ownership dispute. As the Ninth Circuit has explained, “To acquire ownership of a trademark it is not enough to have invented the mark first or even to … Continue reading

Posted in Trademark & Trade Dress | Tagged , , , , , , , , , , , | Comments Off on Hana Financial, Inc. v. Hana Bank: U.S. Supreme Court to Decide Whether Tacking Trademarks to Gain Earlier First Use is a Question for the Court or the Jury