United States Supreme Court

In this trademark infringement case, defendant invoked the tacking doctrine, under which lower courts have provided that a trademark user may make certain modifications to its mark over time while, in limited circumstances, retaining its priority position. The district court adopted in substantial part the jury instruction on tacking proposed by plaintiff, and the Ninth Circuit affirmed the jury's subsequent verdict in defendant's favor, explaining that the tacking inquiry was an exceptionally limited and highly sensitive matter reserved for juries, not judges. The judgment of the Ninth Circuit is affirmed, where it correctly held that whether two marks may be tacked for purposes of determining priority is a question for the jury.

Appellate Information

• Decided 01/21/2015
• Published 01/21/2015

Judges

• Sotomayor

Court

• United States Supreme Court

Counsel