Section 2 Subject Matter Jurisdiction

• Library: Intellectual Prop 2004

A fundamental, unwaivable requirement for the exercise of judicial power over a dispute is the presence of subject matter jurisdiction. Under 28 U.S.C. § 1338(a), the federal district courts have exclusive jurisdiction over patent and copyright infringement actions. Trademark and unfair competition cases may be brought in either state or federal court, depending on the circumstances.

Section 1338(a) provides for non-exclusive jurisdiction over actions arising out of any act of Congress relating to trademarks. This includes both registered trademark claims and arguably what are called Lanham Act unfair competition claims because they arise under 15 U.S.C. § 1125(a)—a section of the trademark laws. The United States Court of Appeals for the...