Recommended Reading: McCarthy and Roumiantseva, "Divert All Trademark Appeals to the Federal Circuit? We Think Not"
Professor J. Thomas McCarthy and Dina Roumiantseva consider the wisdom of having the CAFC handle all appeals in trademark cases in their recent Trademark Reporter Commentary entitled "Divert All Trademark Appeals to the Federal Circuit? We Think Not," 105 TMR 1275 (September-October 2015).
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.
Read comments and post your comment here.
TTABlog notes: I thank The Trademark Reporter for granting permission to provide a link to this article, which is Copyright © 2015 the International Trademark Association and reprinted with permission from The Trademark Reporter®, 105 TMR 1275 (2015).
Text Copyright John L. Welch 2015.