Recently, the Dallas Court of Appeals weighed in on a difficult intellectual property issue regarding state law claims: where to sue a person or business that is wrongfully using your intangible property (e.g. trade secrets, trademarks, copyrights, and patents). In legal terms, we call this jurisdiction. A court must have jurisdiction over the claim to adjudicate the case. Normally, jurisdiction is provided by federal statue for copyright claims, trademark claims, and certain trade secret claims. However, the federal statutes require the copyright and trademarks at issue to have been federally registered. Often, if a federal claim is not possible, your lawyer may decide to file in state court.
August 28, 2017 TrademarkJurisdiction in State Law Intellectual Property Cases