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Rod S. Berman

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 Need for Social Media Music License

It’s fairly well-known that if you want to feature a song in a video posted on social media, you should first obtain a license for the synchronization rights. But what about a song that isn’t featured in a video but just happens to be playing in the background when a video is created? Even if […]

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 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 […]