HANA FINANCIAL, INC. v. HANA BANK

No. 11-56678.

735 F.3d 1158 (2013)

HANA FINANCIAL, INC., a California corporation, Plaintiff-Appellant, v. HANA BANK, a Korean corporation; Hana Financial Group, a Korean corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 22, 2013.


Attorney(s) appearing for the Case

Steven E. Shapiro (argued), Kim, Shapiro, Park, & Lee, Los Angeles, CA, for Plaintiff-Appellant.

Carlo F. Van den Bosch (argued), Robert D. Rose , and Michelle LaVoie Wisniewski , Sheppard Mullin Richter & Hampton LLP, Costa Mesa, CA, for Defendant-Appellee.

Before: RICHARD C. TALLMAN, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.


OPINION

CALLAHAN, Circuit Judge:

A party claiming trademark ownership must establish that it was the first to use the mark in the sale of goods or services. This concept is known as trademark "priority." One of the ways that a party may establish priority is through the constructive use doctrine known as "tacking." Tacking allows a party to "tack" the date of the user's first use of a mark onto a subsequent mark to establish priority where the two marks...

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