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18 W. Mich. Cooley J. Prac. & Clinical L. 31 (2016-2017)
Casting out Confusion: How Exclusive Appellate Jurisdiction in the Federal Circuit Would Clarify Trademark Law

handle is hein.journals/tmcjpcl18 and id is 37 raw text is: CASTING OUT CONFUSION: HOW EXCLUSIVE APPELLATE JURISDICTION IN THE FEDERAL CIRCUIT WOULD CLARIFY TRADEMARK LAW Kenneth A. Matuszewski* ABSTRACT Uniformity in trademark law has always been desired, in order to ensure that a person's bundle of rights in their trademark is the same in a particular state and across the United States. However, uniform would be one of the least likely words used to describe trademark law currently. Smaller circuits have fewer judges sitting on the bench, giving each of those judges a disproportionate amount of power in shaping trademark law than a judge in a more populous circuit. As a result of the varying power and influence an individual judge might have, trademark law has developed differently across the country, leading to ambiguity and confusion. Different outcomes for trademark infringement cases even result for similar products, depending on which circuit the case is litigated in. In order to ensure people's bundle of rights in their trademark are uniform across the country, exclusive appellate jurisdiction of trademark cases is needed. * Associate, Rabicoff Law LLC. Juris Doctor, Chicago-Kent College of Law, May 2016; Bachelor of Science in Biological Sciences, University of Notre Dame, May 2013. For their comments and suggestions, I would like to thank Edward Lee, Patrick Goold, Joy Xiang, David Schwartz, Christopher Johnson, Elizabeth Zubiate, Juan Felipe Jimenez Trujillo, Alyssa Hertel, Yormari Acosta Gonzalez, and Saba Mahmud. Most importantly, I would like to my family and friends for encouraging me to write this note, and for always believing in me.

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