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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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