The U.S. Supreme Court has not ruled on a substantive trademark case since 2004. Currently, there are two trademark cases pending before the U.S. Supreme Court. In B&B Hardware Inc. v. Hargis Industries Inc., the Court will decide whether an earlier ruling by the TTAB on likelihood of confusion should preclude a later, opposite ruling in an infringement case in federal court. The Court heard oral arguments in this case on December 2.
In Hana Financial Inc. v. Hana Bank, the Court is addressing the issue of tacking, which allows a company to slightly modify its trademarks while maintaining the original first-use date. Specifically, the Court will decide whether tacking is a question of law to be decided by judges, or a question of fact to be decided by a jury. The Court heard oral arguments in this case on December 3.