Hana Financial, Inc. v. Hana Bank
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-1211 | 9th Cir. |
Dec 3, 2014 Tr.Aud. |
Jan 21, 2015 | 9-0 | Sotomayor | OT 2014 |
Holding: The jury, rather than a court, determines whether the use of an older trademark may be tacked to a newer one.
Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on January 21, 2015.
SCOTUSblog Coverage
- Opinion analysis: Justices, yet again, remind courts of appeals of importance of juries in IP cases (Ronald Mann)
- Argument analysis: Justices coast through argument on trademark “tacking” (Ronald Mann)
- Argument preview: Justices will use rare look at trademark law to consider broad and narrow conceptions of trademarks (Ronald Mann)
| Date | Proceedings and Orders |
|---|---|
| Feb 4 2014 | Application (13A805) to extend the time to file a petition for a writ of certiorari from February 20, 2014 to April 21, 2014, submitted to Justice Kennedy. |
| Feb 7 2014 | Application (13A805) granted by Justice Kennedy extending the time to file until April 7, 2014. |
| Apr 7 2014 | Petition for a writ of certiorari filed. (Response due May 8, 2014) |
| May 8 2014 | Brief of respondents Hana Bank, et al. in opposition filed. |
| May 27 2014 | DISTRIBUTED for Conference of June 12, 2014. |
| May 28 2014 | Reply of petitioner Hana Financial, Inc. filed. (Distributed) |
| Jun 16 2014 | DISTRIBUTED for Conference of June 19, 2014. |
| Jun 23 2014 | Petition GRANTED. |
| Jul 23 2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2014. |
| Jul 23 2014 | The time to file respondents' brief on the merits is extended to and including October 20, 2014. |
| Aug 28 2014 | Joint appendix filed. (Statement of costs filed.) |
| Aug 28 2014 | Brief of petitioner Hana Financial, Inc. filed. |
| Sep 4 2014 | SET FOR ARGUMENT on Wednesday, December 3, 2014. |
| Sep 4 2014 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| Sep 22 2014 | Record requested from U.S.C.A. 9th Circuit. |
| Sep 24 2014 | Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Sep 24 2014 | Record received from U.S.D.C. Central Dist. of CA. The record is electronic and located on PACER. |
| Oct 1 2014 | Record received from U.S.D.C. Central Dist. of CA. 1 Box. Part of this record is SEALED. |
| Oct 20 2014 | Brief of respondents Hana Bank, et al. filed. |
| Oct 27 2014 | CIRCULATED. |
| Oct 27 2014 | Brief amicus curiae of the United States filed. (Distributed) |
| Oct 27 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Oct 27 2014 | Brief amicus curiae of International Trademark Association filed. (Distributed) |
| Nov 17 2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 19 2014 | Reply of petitioner Hana Financial, Inc. filed. (Distributed) |
| Dec 3 2014 | Argued. For petitioner: Paul W. Hughes, Washington, D. C. For respondents: Carlo F. Van den Bosch, Costa Mesa, Cal.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jan 21 2015 | Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| Feb 23 2015 | JUDGMENT ISSUED. |
| Feb 27 2015 | Record returned to U.S.D.C. Central District of California Western Division. (1-Box) |
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