Priority of use is a hallmark of trademark law. A party generally establishes rights in a trademark by using the mark in commerce before anyone else.
Supreme Court Rules Trademark Tacking Is a Question of Fact
Priority of use is a hallmark of trademark law. Over the years, lower courts have recognized a doctrine called "tacking," under which a trademark owner may "clothe a new mark with the priority position of an older mark." The key to the tacking doctrine is that the new trademark must "create the same, continuing commercial impression" as the old mark. In <i>Hana Financial</i>, the U.S. Supreme Court considered the question and settled the circuit split, holding that tacking is a question for the jury.
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Rhojonda A. Debrow CornettThis premium content is locked for The Intellectual Property Strategist subscribers only
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