Rod S. Berman | Lawyers | Articles | Jeffer Mangels Butler & Mitchel LLP

Intellectual Property McCarthy on Trademarks and Unfair Competition: Inconsistency and Confusion in the Judicial Treatment of Counterfeiting Claims

An article by Rod Berman and Jessica Bromall Sparkman titled, “Inconsistency and Confusion in the Judicial Treatment of Counterfeiting Claims,” was discussed at length in the December 2023 update of McCarthy on Trademarks and Unfair Competition, Fifth Edition. This seven-volume publication is a comprehensive resource that provides authoritative information and analysis essential for effectively representing […]

Intellectual Property Protect your novel graphical user interfaces and computer-generated icons from unauthorized use or theft using U.S. design patent protection

The Patent and Trademark Office recently published “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces” in the Federal Register (PTO-P-2023-0047). There, the Patent Office confirmed that both a graphical user interface (GUI) and a computer-generated icon can be covered by design patents. Design […]

Intellectual Property IPWatchdog: Is It Time to Ditch the Requirement That Counterfeits be ‘Stitch-for-Stitch’ Copies?

An article by Jessica Bromall Sparkman, Rod Berman, and Celine Ohanian titled, “Is It Time to Ditch the Requirement That Counterfeits be ‘Stitch-for-Stitch’ Copies?” was published on IPWatchdog.com. Read it here.

Intellectual Property The Trademark Reporter: Inconsistency and Confusion in the Judicial Treatment of Counterfeiting Claims

An article by Jessica Bromall Sparkman and Rod Berman titled “Inconsistency and Confusion in the Judicial Treatment of Counterfeiting Claims” was published in the May–June 2023 issue of The Trademark Reporter on June 30, 2023.

Intellectual Property U.S. Trademark Application Subjects Applicant to Service in U.S.

As a matter of first impression, the Ninth Circuit Court of Appeals recently held that in court proceedings affecting a mark that is the subject of a U.S. trademark application or registration, a foreign-domiciled applicant or registrant can be served through the domestic agent designated by it in the United States Patent and Trademark Office […]

Intellectual Property Experiencing The Metaverse Through IP Goggles

You are likely familiar with a relatively recent buzzword that has been making the rounds, “the metaverse.” The metaverse generally refers to an immersive collection of digital platforms where users can interact with different spaces, users, and things through digital avatars. While there is debate and skepticism surrounding the metaverse, one thing is certain: the […]

Intellectual Property Trademark Client Alert: Foreign Companies Should Register Their Brand in the U.S. as Early as Possible

If your clients own or are developing brand names in countries other than the United States, and expansion into the United States is a goal, they should apply to register their brand (aka trademark) in the United States and work to initiate meaningful distribution or sales of products and services in the United States as […]

Intellectual Property Customs Recordation: A Powerful and Inexpensive Tool for Enforcing Trademark (and Copyright) Rights

A sometimes overlooked benefit of federal trademark registration is the ability to record a registration on the Principal Register with U.S. Customs and Border Protection (“CBP”). This is a cost effective method of dealing with infringing products being imported into the U.S. For example, in 2020, CBP seized 26,503 shipments of counterfeit goods, representing more […]

Intellectual Property How will Brexit impact your trademarks and other IP rights?

How will Brexit impact your trademarks and other IP rights? What you need to know before December 31, 2020 The United Kingdom left the European Union on January 31, 2020. The UK is presently in a Brexit transition period, during which it has remained within the EU’s legal framework with regard to many issues, including […]

Intellectual Property Patent and Trademark Deadlines during the COVID-19 Outbreak

We are closely tracking the actions of the United States Patent and Trademark Office (USPTO) in response to the COVID-19 outbreak. The USPTO remains open for the filing of trademark and patent applications and other documents and JMBM remains available to assist you with your intellectual property needs. On March 31, 2020, following passage of […]