Jurisdiction in Trademark Law

Where you intend to bring your case is an important question that will shape your strategy as you proceed with a claim. To bring a claim in federal court subject jurisdiction is required under federal trademark laws. This can be established by showing the cause of action is created by federal trademark law and that relief depends on a question regarding federal trademark law. To establish federal jurisdiction there has to be a valid registered trademark, an intent-to-use trademark will not be enough. If accused of infringement one may seek declaratory judgment that the use is not infringement. Extraterritorial jurisdiction can be applied for citizens if there is an effect on US commerce and there is the possibility of conflict with trademark rights. Personal comes into play when someone who is not resident in the state where the claim is brought is accused of infringement. Be aware of where you will be bringing a court and where a case against you could be brought if you are accused of infringement.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.