Navigating Venue and Jurisdiction in Trademark Cases

There are many factors that trademark litigators and their clients should take into account before considering whether there is jurisdiction and then selecting a venue in a trademark infringement case—especially when the trademark owner plans to seek injunctive relief—between federal court, state court, the USPTO or the ITC.

The path to federal court jurisdiction involves complex rules and tight time frames for removal. The rules among federal courts are inconsistent regarding many removal issues. Counsel must understand the complex rules and also consider what happens if the court determines the venue is improper.

The Supreme Court in TC Heartland v. Kraft Food Brands Group (U.S. May 22, 2017) reestablished more restrictive venue rules for patent litigation. Trademark owners and their counsel should evaluate the Heartland decision when considering venue in trademark litigation.

Listen as our authoritative panel of trademark attorneys examines the factors plaintiffs should weigh before filing trademark infringement actions. The panel will also discuss the options for removal and the complex rules involved. The panel will offer best practices for navigating venue and jurisdiction in trademark cases.

1. State court trademark litigation
2. Federal court trademark litigation
3. Opposition and cancellation proceedings before the USPTO
4. Trademark cases in the ITC

The panel will review these and other key issues:

• What factors should trademark counsel consider when determining venue? When challenging venue?
• What strategies can IP counsel use when asserting or challenging jurisdiction in trademark cases?
• What strategies have been effective for trademark counsel when developing, pursuing or defending motions to transfer venue?