Recent Trademark Oral Arguments at the Supreme Court

I was on vacation during the first week of December and completely overlooked the fact that the Supreme Court heard oral argument in two trademark cases during that time.

In Hana Financial, Inc. v. Hana Bank, the Court is addressing the issue of whether the jury or the court determines whether use of an older trademark may be tacked to a newer one.  You can listen to the oral argument here: [Listen].

In B&B Hardware, Inc. v. Hargis Industries, Inc., the Court entertained the issues of (1) whether the Trademark Trial and Appeal Board’s finding of a likelihood of confusion precludes respondent from relitigating that issue in infringement litigation, in which likelihood of confusion is an element; and (2) whether, if issue preclusion does not apply, the district court was obliged to defer to the Board’s finding of a likelihood of confusion absent strong evidence to rebut it. You can listen to that oral argument here: [Listen].

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