Divert All Trademark Appeals to the Federal Circuit? We Think Not

105 Trademark Reporter 1275

9 Pages Posted: 3 Nov 2015 Last revised: 4 Nov 2015

See all articles by J. Thomas McCarthy

J. Thomas McCarthy

University of San Francisco School of Law

Dina Roumiantseva

Morrison & Foerster LLP

Date Written: 2015

Abstract

With some regularity over the years, a proposal is made to change the Lanham Act so that appeals in all Lanham Act trademark and false advertising cases from district courts across the United States will be diverted from the regional circuit courts of appeal to the Court of Appeals for the Federal Circuit. We think it is time to discuss this proposal head on and hopefully to convince the reader that this diversion is not a good idea and should never be implemented. Advocates of this proposal claim that trademark law would benefit from the consistency that a single appeals court could provide and that the Federal Circuit has exceptional expertise in trademark law. We believe, however, that trademark law does not suffer from the kind of circuit conflict that led to the channeling of all patent appeals to the Federal Circuit in 1982. Moreover, our review of case law suggests that some regional circuits have a comparable or greater experience with trademark law. We argue that no change in the present system of trademark appeals is needed.

Suggested Citation

McCarthy, J. Thomas and Roumiantseva, Dina, Divert All Trademark Appeals to the Federal Circuit? We Think Not (2015). 105 Trademark Reporter 1275. Available at SSRN: https://ssrn.com/abstract=2685324

J. Thomas McCarthy (Contact Author)

University of San Francisco School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

Dina Roumiantseva

Morrison & Foerster LLP ( email )

425 Market Street
San Francisco, CA 94709
United States
(415) 268.6356 (Phone)

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