Supreme Court To Take Up Trademark Tacking Case

Trademark “tacking,” an alternative to “priority” in determining which party owns the mark, requires that an old and new trademark be found “legally equivalent.” The Supreme Court has decided to take up a case in which circuit courts have been split on whether a judge or jury should decide if trademarks are “legal equivalents.” If the Court rules that such a determination is up to a judge, it could narrow opportunities for brands to provide evidence in support of their equivalence case.