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Supreme Court: Jury Should Determine Whether ‘Tacking’ Is Permissible

By Brian R. Westley on February 5, 2015

Whether a trademark owner should be permitted to “tack” a modified version of its mark onto an earlier version so as to maintain priority over other users is for a jury to decide, the Supreme Court has ruled, resolving a circuit split. Tacking is applied in limited circumstances where the original and revised marks are “legal equivalents,” meaning they create the same, continuing commercial impression.

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  • Posted in:
    Intellectual Property
  • Blog:
    Incontestable Blog
  • Organization:
    Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
  • Article: View Original Source

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