ARE Trademark Law Alert:
Supreme Court Finds Trademark Tacking to be a Factual Question for the Jury

On January 21, 2015, the U.S. Supreme Court unanimously affirmed the Court of Appeals for the Ninth Circuit and held that trademark tacking is a question for the jury rather than the judge.  Hana Financial, Inc. v. Hana Bank et al., No. 13-1211, 574 U.S. __ (2015) (“Hana”).  Trademark tacking allows a trademark owner to […]

Burden Of Proof To Establish Infringement Remains With The Patentee Even In Declaratory Judgment Action Brought By Licensee

Medtronic, Inc v Mirowski Family Ventures, LLC, 134 S Ct 843 (US 22 January 2014) Abstract The US Supreme Court unanimously reversed a previous determination by the US Court of Appeals for the Federal Circuit, holding that, even in a declaratory judgment action brought by a licensee, the burden of proving patent infringement remains with […]