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Rod Berman
Partner
Jeffer Mangels Butler & Mitchell, LLP
Rod Berman is a partner with Jeffer Mangels Butler & Mitchell, LLP. He is rated one of the Best Lawyers in America® and was named “Lawyer of the Year” for Trademark Law in Los Angeles for 2022. He is recognized by one of America’s foremost legal publications, the Daily Journal, as one of the top 30 intellectual property attorneys in the State of California; he has also been recognized by the Los Angeles Business Journal as one of the top 100 attorneys in Los Angeles. The Los Angeles Business Journal included him in its list, “Who’s Who in LA Law: Angelenos to Know in Intellectual Property Law.” Rod is chairperson of the Firm’s Intellectual Property Law Group, which earned JMBM recognition from the American Lawyer Media (ALM) as a Go-To Law Firm® in the areas of Intellectual Property Litigation and Patent Prosecution, as determined by ALM’s annual survey of in-house counsel at FORTUNE 500® companies.
Rod focuses on patent, trademark, trade dress, copyright, unfair competition and internet responsibilities. His practice includes counseling, litigation, opinions, licensing, acquisition and prosecution. He represents many nationally and internationally known clients, and has been involved in a number of published patent, trademark and copyright cases in a wide variety of industries.
Rod has worked on a broad range of matters including those involving aircraft, apparel, automotive, beauty care, bicycles, biotechnology, cannabis products including CBDs, hemp and extraction techniques, celebrity endorsement, computer-related business methods, dietary and nutritional supplements, electrochemistry, food and restaurants, health care, inflatables, insecticides, jewelry, medical devices, packaging, pharmaceuticals, polymers, pressure sensors, retail, special effects, sports and entertainment, and toys. His contributions to his clients’ successes have been mentioned in the media, including BusinessWeek.
Recent Articles by Rod Berman
The Lanham Act provides for special remedies in cases of trademark infringement “involving” the use of a “counterfeit” mark. 15 U.S.C. § 1117(b), (c); 15 U.S.C. § 1127. Absent “extenuating circumstances,” if the use of a counterfeit mark is intentional and knowing, the Act requires entry of judgment of three times the amount of actual damages or profits found, as well as an award of attorney’s fees. 15 U.S.C. § 1117(b). Alternatively, in any case of infringement “involving” a counterfeit mark, the Act provides for awards of statutory damages of up to $200,000; it provides for statutory damages of up to $2,000,000 if the use of the counterfeit mark was willful. 15 U.S.C. § 1117(c)…. In our view, a straightforward interpretation of the Act allows access to the special remedies in cases that involve knock-off products, as well as cases where an identical logo or word mark is used on the same type of product that is in the plaintiff’s trademark registration, even if the defendant’s products and/or their packaging do not resemble the plaintiff’s products.