2012 TRADEMARK LAW DECISIONS OF THE FEDERAL CIRCUIT

Unlike patent law and other substantive areas over which the Federal Circuit has exclusive jurisdiction, the court's jurisdiction over trademark law arises only in appeals from the U.S. Patent and Trademark Office and in appeals that otherwise fall within the Federal Circuit's exclusive jurisdiction -- such as appeals involving both patent and trademark issues. In 2012, of the over 700 opinions issued by the court, only thirteen -- eleven precedential and two nonprecedential -- related to trademark law. The Federal Circuit addressed several substantive issues including those that involve comparing two marks (likelihood of confusion, dilution, and infringement) and the use or character of individual marks. This article discusses each of the Federal Circuit's thirteen trademark cases in 2012. The case discussions are grouped by the cases' primary issue, although other issues are also discussed within the discussion of the relevant case.