Journal of Intellectual Property Law


While IP-intensive industries continue to produce a significant portion of the American economy, trademarks consistently remain a substantial portion. Given trademarks’ increasingly pivotal role in the global economy, the complexities and nuances of trademark law demand a specialized approach. In examining the current trademark landscape, many scholars have underscored the paradox of its fractured nature, despite its fundamental role in the economy. Currently, trademark law suffers from a lack of uniformity across the various circuits in critical areas of the law itself, as well as vulnerabilities in forum shopping and confusion for businesses.

Rather than endorsing the conventional approach to uniformity through centralization under the Federal Circuit, this Note asserts the need for a paradigm shift, advocating for the implementation of inferior courts exclusively dedicated to trademark. Such a transformative approach promises to bring a more coherent, consistent, and specialized expertise to trademark jurisprudence, aligning it with the economic significance it holds in the contemporary landscape.