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Jessica Bromall Sparkman

Partner
JBromall@jmbm.com
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Direct: 310.712.6838
Main: 310.203.8080
Fax: 310.712.8588

1900 Avenue of the Stars
7th Floor
Los Angeles, California 90067

Assistant
Esther Silverman
310.203.8080 Ext: 6673
ES4@jmbm.com

Jessica Bromall Sparkman represents clients in a variety of industries in all facets of trademark and copyright law, including litigation, prosecution, domain names, opinions, counseling, acquisition, and portfolio management. She litigates trademark, unfair competition, copyright, patent, trade secret, and privacy rights cases in state and federal court, as well as the Trademark Trial and Appeal Board of the USPTO.

Jessica is most proud of her work in achieving dismissal of a declaratory judgment lawsuit for lack of jurisdiction, in obtaining a favorable ruling from the Ninth Circuit reversing an adverse decision in a trademark infringement case, and her work as lead counsel winning a complete victory before the Trademark Trial and Appeal Board following a trial on the merits. She has also successfully arbitrated numerous domain name dispute proceedings. Jessica has experience working on a broad range of matters, including apparel, footwear, cigars, toys, sports and fishing equipment, restaurants, jewelry, packaging, retail, entertainment, alcoholic beverages, international educational organizations.

Representative Experience

  • Mod Super Fast Pizza, LLC v. Pieology Spectrum, LLC, CMCB Ventures, LLC and Carl Chang (WD WA 2012) (defense of trade dress infringement and trade secret misappropriation claim)
  • Alexander Davis v. Auction.com, LLC (Sup. Ct. CA 2012)(defense of personality rights claim)
  • Anthem Music & Media Group dba The Bicycle Music Company v. Flyer Entertainment, Inc. (CD CA 2012) (defense of copyright claim)
  • Shimano American Corporation v. VRC Rods et al (CD CA 2012) (declaratory relief complaint of non-infringement and invalidity and infringement counterclaims - counterclaims dismissed with prejudice)
  • International Growers Supply, Inc. v. Atlantis Hydroponics, Inc. and The Home Depot, Inc. (CD CA 2012 and ND Georgia 2012) (patent infringement)
  • Medtrica Solutions Ltd. v. Cygnus Medical, LLC (WD WA 2012) (declaratory relief complaint for non-infringement of medical device patent, and defense of infringement counterclaims)
  • Townsley v. Direct Garden Supplies (NAF 2011) (prevailed in ICANN proceeding)
  • Paige Premium Denim v. Haute Fashion (Cal. Sup. Court 2012)(breach of distribution agreement)
  • Legator v. Nordstrom and Fortune Swimwear (CD CA 2011) (trademark infringement claims dismissed with prejudice)
  • Team-One Employment Specialists, LLC v. Vanessa Bartley/TeamOneStaffing (2011) (NAF arbitrator’s decision transferring conflicting domain names to Team-One Employment Specialists)
  • Coben v. Jimmie Vaughan and related counterclaim Jimmie Vaughan v. The Fabulous Thunderbirds, Inc. (Cal. Super. Court 2011) (breach of royalty agreements and trademark infringement; settled with full payment including attorneys’ fees)
  • Danmer, Inc. v. Schnell (CA Sup. Ct. 2010) (represent Plaintiff in misappropriation of trade secrets and trademark infringement case; favorable settlement)
  • Pure Fishing, Inc. v. Shimano American Corporation and Innovative Technologies, Inc. (SD Carolina 2010)(defense of patent infringement claim)
  • G. Loomis, Inc. v. North Fork Composites, Inc. and GLTPro LLC (WD WA 2010) (represent manufacturer of fishing tackle in enforcing trademark rights involving U.S. - Russian commerce)
  • Welcome Co., Ltd. v. eBay, Amazon.com, et al. (CD CA 2010)(representing plaintiff in claim of patent infringement by inducement)
  • Large Audience Display Systems v. The Los Angeles Lakers, Inc. et al., 98 USPQ2d 1360 (ED Texas 2010)(defense of patent infringement claim; motion to transfer from the ED Texas to CD California granted; Motion to Stay pending inter partes reexamination granted; dismissed with prejudice)
  • Tatuaje Cigars, Inc. v. Nicaragua Tobacco Imports, Inc., 24/5 Allen’s Trademark Digest 43 (TTAB 2010) (Summary judgment granted barring unclean hands defense); 25 Allen’s Trademark Digest 26 (February 2012) (TTAB 2011)(Opposition sustained)
  • G.Loomis, Inc. v. Descente North America, Inc. (WD WA 2009)(successful enforcement of trademark in federal court and the TTAB)
  • Cels Enterprises Inc, .et al.  v. Rock & Roll Religion, Inc. et al. (CD CA 2007) (Represent Plaintiff in a trademark infringement case re “Chinese Laundry” mark), summary judgment in favor of defendant reversed on appeal to the 9th Circuit (2012)
  • Missouri Association of RV Parks and Campgrounds v. Sugar Mountaindesign Company (NAF 2009)(prevailed in ICANN proceeding involving unregistered descriptive mark)
  • Sunset Studios Holdings, LLC v. Hauer (LA Sup. Court 2009) (represent studio services provider in obtaining judgment against converter of domain name and in cyberpiracy case), motion to dismiss appeal granted (2nd App. District Court of Appeal of California 2010)
  • Sunset Studios Holdings, LLC v. Hauer (NAF 2009) (prevailed in ICANN proceeding on behalf of studio services provider and obtained transfer of numerous domain names)
  • LA Printex Industries, Inc. v. Forever 21 (CD Cal 2009)(represent major retailer Forever 21 against claims of copyright infringement)(motion to dismiss under FRCP 12(c) granted), Law 360 (Oct. 29, 2009)
  • Sizzler USA Franchise, Inc. v. California Ventures, LLC (CD Cal 2009)(represent franchisor in seeking TRO and preliminary injunction; complete cessation of infringing use upon filing of TRO application)
  • Wham-O, Inc. v. Manley Toys Ltd and AW Computer Holding LLC, 92 USPQ2d 1750 (CD Cal. 2009)(represent plaintiffs seeking to invalidate FRISBEE, HULA HOOP, SLIP ‘N SLIDE and SUPERBALL federal trademark registrations on the basis of genericness; case dismissed for lack of subject matter jurisdiction), appeal to the 9th Circuit dismissed, 2011) (BNA’s Patent, Trademark & Copyright Journal, No. 168 (Sept. 2, 2009); cited in Brody Post-Medimune Declaratory Judgment Actions in Trademark Litigation, footnote 19 (BNA’s Patent, Trademark & Copyright Journal, (Oct. 15, 2010) and “The Impact of Medimune v. Genentec on Declaratory Judgment Actions in Trademark Disputes”, 100 The Trademark Reporter 1164, footnote 69 (September - October 2010)(the mere advancement of an opposition of cancellation proceeding in the TTAB is insufficient to create a judiciable controversy under the DJA)  
  • G. Loomis, Inc. v. Gary Loomis et al., (WD WA 2008) (represent major manufacturer of fishing tackle in enforcing trademark rights against founder based upon founder’s surname)
  • Gnarls Barkley L.L.C. v. Pax Stereo, ICANN Administrative decision by three Judge panel in favor of Grammy Award winning musical group Gnarls Barkley (http://domains.adrforum.com/domains/decisions/1221421.htm)
  • Arthur Kent v. Universal Studios Inc., Playtone Company, The BBC, Blockbuster, Netflix et al, 13 Entertainment Law Digest 14 (July 2008) (CD Cal 2008) (Represent world famous journalist in misappropriation of likeness, copyright infringement, unfair competition, and disparagement action involving the feature film “Charlie Wilson’s War”; favorable settlement)
  • Townsley v. Micro Hydroponics, Inc., Supply Net International dba Fumelok, et al. (CD CA 2008) (Summary Judgment of trademark infringement granted including against officer of defendant personally)
  • Robert Goldman and Cels Enterprises Inc.. v. L.C. Licensing Inc, Liz Claiborne Inc and Perry Ellis International. (CD CA 2007)(Represent Plaintiff in a trademark infringement case re “Chinese Laundry” mark)
  • Mother’s Nutritional Centers, Inc. v. Mommy’s Nutritional Center (CD CA 2007) (Represent Plaintiff in a grocery store trade dress and trademark infringement case)
  • Tommy Bahama Group v. The Walking Company (ND Georgia 2007) (Defeated application for TRO in connection with a trade dress infringement claim)
  • Pom Wonderful LLC v. Agro Labs, Inc. (CD CA 2006) (Tentative preliminary injunction granted against use of POMella resulting in stipulated full preliminary injunction)
  • Karen K, Inc. v. Pope, et al. (CA Sup. Ct. 2006) (represent Plaintiff in misappropriation of trade secrets case)
  • VC HMBW, Inc. v. Big Wedding LLC (CA Sup. Ct. 2005) (represent Plaintiff in royalty accounting against movie studio; favorable settlement)
  • County of Los Angeles v. S.L.S & N., Inc. (CA Sup. Ct. 2004) (represent Defendant in tax delinquency litigation; complete summary judgment and dismissal in Defendant’s favor)
  • Scantibodies v. Immutopics (CD CA 2004) (Patent infringement action involving complex biotechnology directed to immunoassays concerning parathyroid hormone)(representation in district court and Federal Circuit appeal)


Education

J.D., University of Southern California, Gould School of Law, 2004
University of Southern California Law Review, Article Editor Public Interest Law Foundation, Officer (2003) Public Interest Law Foundation Grant Recipient (2002)

B.A., Yale University, 2001
Varsity Lacrosse

Bar Admissions

State Bar of California, 2004
U.S. Federal Court, Central District of California, 2004
9th Circuit Court of Appeals, 2004
U.S. Federal Court, Southern District of California, 2009

Associations

International Trademark Association (INTA)

USC Gould School of Law, Public Interest Law Foundation, Advisory Board (2004-2009)

Los Angeles County Bar Association

Awards & Recognition

  • Articles Editor, Law Review, University of Southern California

Speaking Engagements

  • Point Park University (Pittsburgh, PA): What Businesses Need to Know about Trademarks