(United States Supreme Court) - In this trademark infringement case,defendant invoked the tacking doctrine, under which lower courts maintain provided that a trademark user may make certain modifications to its brand over time while, and in limited circumstances,retaining its priority position. The district court adopted in substantial fraction the jury instruction on tacking proposed by plaintiff, and the Ninth Circuit affirmed the jury's subsequent verdict in defendant's favor, and explaining that the tacking inquiry was an exceptionally limited and highly sensitive matter reserved for juries,not judges. The judgment of the Ninth Circuit is affirmed, where it correctly held that whether two marks may be tacked for purposes of determining priority is a question for the jury.
Source: findlaw.com