This Note proceeds in two main parts. Part II provides a background for understanding trademark counterfeiting claims and remedies. It first examines the federal trademark protections alongside the state trademark protections and details the way in which they differ. Part II then breaks down the number of online trademark counterfeit cases filed in the United States and notes the percentage of those cases which are filed predominately in three federal district courts. Because it is difficult to comprehensively track this data, the principle import of the referenced statistical breakdown should be understood only as attempting to draw general conclusions from rough data. After examining these statistics, part II then looks at case law from the jurisdiction in which the majority of online trademark counterfeiting claims are filed, in an effort to explain why that particular jurisdiction is favored by trademark owners over others. Following this background, Part III proposes revisions to the Lanham Act which might cure the forum shopping epidemic while also making relief easier to obtain across all jurisdictions.
Chelsea R. Feagle,
Fighting the Faceless Foe Known as the Online Trademark Counterfeiter: Forum Shopping Tactics in the Digital Age,
J. Intell. Prop. L.
Available at: https://digitalcommons.law.uga.edu/jipl/vol26/iss2/6