On Tue, 11 Oct 2005, Grierson, Kevin wrote:
> The state courts have concurrent jurisdiction over Trademark matters under
> the Lanham Act, but no jurisdiction over copyright matters.
Except as a counterclaim, apparently, at least in Indiana:
We conclude that a claim of breach of a covenant not to reproduce a copyrighted writing appears to be preempted by federal copyright law. Although such a claim asserts rights under the Copyright Act, it may be asserted as a counterclaim in a state court and is not within the exclusive jurisdiction of the federal courts.
Green v. Hendrickson Publishers, no. 79S02-0206-CV-352, Indiana Supreme Court (June 27, 2002)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=in&vol=sc\06270201.trb&invol=2 Received on Wed Oct 12 2005 - 23:45:00 GMT
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