Exclusive jurisdiction -- remand or dismiss?

A complaint filed in state court claims copyright and trademark infringement, as well as trade secret misappropriation. Obviously, you can remove the case to federal court. Can you alternatively just move to dismiss the trademark and copyright claims for lack of subject matter jurisdiction? Is the federal court's jurisdiction exclusive as to both trademark and copyright infringement? I realize that the trademark infringement claim might be pled as an unfair business practice under state law, but assuming that it is only pled as a violation of the Lanham Act does it have to be dismissed?

Is there anything the state court can do other than dismiss? I assume the plaintiff can't remove his own case, and the state court can't transfer it, so the only thing that can happen is dismissal, requiring the plaintiff to re-file in federal court. Am I wrong?

John Noble Received on Tue Oct 11 2005 - 20:15:50 GMT