U.S. Supreme Court,
Intellectual Property
Mar. 25, 2015
Clarifying the jury's role in intellectual property cases
The U.S. high court's affirmation of the jury's role in deciding mixed questions of law and fact is likely to resonate in the analysis of copyright fair use as well as trademark likelihood of confusion.
Andrew J. Thomas
Partner
Jenner & Block LLP
Phone: (213) 239-5100
Email: ajthomas@jenner.com
Harvard Univ Law School; Cambridge MA
Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.
CONTENT MATTERS
In January, the U.S. Supreme Court handed down its first trademark decision in a decade. In Hana Financial Inc. v. Hana Bank, the Supreme Court addressed whether trademark law's "tacking" doctrine presents a jury question or a pure question of law for the court. Even though the court had not considered tacking for over 90 years, the decision broke no new ground in the substantive trademark law. It does, however, provid...
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