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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
By Rod S. Berman and Jessica Bromall Sparkman Published in the April/May 2019 issue of CannaInvestor Magazine The cannabis industry is the new investment frontier. Consider the capital investment by Constellation Brands in Canada’s Canopy Growth, Aurora Cannabis’s acquisition of Mexico’s Farmaciea Magistrales, Coca-Cola’s discussions with Aurora Cannabis to develop CBD infused drinks, CannaCraft and […]
Rod Berman and Jessica Bromall Sparkman wrote the article “AB 2249: State Park Trademarks” published in the Daily Journal’s section “New California Laws 2017”.
Rod Berman, Jessica Bromall Sparkman and Bernard Gans wrote the article “Why Early Trademark Filing is Crucial in China” featured in IP Frontline.