Picture of Jessica Bromall Sparkman

Jessica Bromall Sparkman represents clients in a variety of industries in all facets of trademark, copyright, and trade secret law, including selection and acquisition, protection, federal trademark application and registration, opinions, portfolio management, enforcement, co-existence and settlement agreements, domain names, and litigation. She has experience managing portfolios of more than two thousand trademark registrations, has applied for or maintained trademark registrations in more than 150 countries, and has managed a global trademark monitoring and enforcement program involving hundreds of proceedings and negotiations in more than 50 countries. 

Jessica counsels clients about agreements to acquire, sell, and protect intellectual property, including assignments, acquisitions, licenses, and non-disclosure and confidentiality agreements, and has performed due diligence for clients in numerous large transactions. She also litigates trademark, unfair competition, copyright, patent, trade secret, and privacy rights cases in state and federal court, and has extensive experience practicing before the Trademark Trial and Appeal Board of the USPTO.

Jessica has experience working in a variety of industries, including alcoholic beverages, apparel, footwear, cigars, toys, sports and fishing equipment, restaurants, jewelry, packaging, retail, entertainment, and international educational organizations. 


Recent Experience Includes
  • Assisting client with $5 billion sale of company with extensive trademark assets.
  • Performing due diligence for client in connection with $1 billion acquisition of company with extensive trademark assets.
  • Winning favorable ruling on motion exclude plaintiff’s damages theory in a trade dress and trade secret lawsuit, reducing potential liability from $16 million to $1 million, and leading to favorable settlement.
  • Winning summary judgment of non-infringement in a patent infringement case, an award of attorneys’ fees, and having the rulings affirmed by the Federal Circuit.
  • Obtaining a favorable ruling from the Ninth Circuit reversing an adverse decision in a trademark infringement case.
  • Representing plaintiff in TTAB opposition proceeding, coordinating and managing representation of client in related proceedings in numerous countries, and leading negotiations resulting in favorable settlement.

Representative Experience
  • Screaming Eagle, LLC v. Wascher (TTAB 2019) (represented plaintiff in cancellation proceedings before the TTAB)
  • Ultra Pro International, LLC v. Toastmasters International (TTAB 2019) (represented defendant in cancellation proceeding before the TTAB; case settled)
  • Patrón Spirits International AG v. Pirate Life Brewing Pty Ltd. TTAB 2019) (represented plaintiff in opposition proceedings before the TTAB; managed and coordinated representation in related trademark opposition proceedings; all proceedings settled)
  • Patrón Spirits International AG v. Mountain Melodies, LLC (TTAB 2018) (represented plaintiff in opposition proceeding before TTAB; case settled)
  • Paige, LLC v. McElroy (TTAB 2018) (represented plaintiff in opposition proceedings before the TTAB; case settled)
  • Patrón Spirits International AG v. Les Bienheureux, Proc. No. 91223657 (TTAB 2018) (represented plaintiff in opposition proceedings before the TTAB; prevailed after trial on the merits)
  • Patrón Spirits International AG v. Noyes, Proc. No. 91215615 (TTAB 2018) (represented plaintiff in opposition proceedings before the TTAB; prevailed after trial on the merits)
  • FFS Holdings, LLC v. Kraatz and Flip Flop Workshop (TTAB and D. Nev. 2018) (represented plaintiff in cancellation proceedings before TTAB and trademark infringement action; case settled)
  • Patrón Spirits International AG v. Pisco Porton, LLC, Proc. Nos. 92059527 and 92064339 (TTAB 2017) (represented plaintiff in cancellation proceedings before the TTAB; prevailed after trial on the merits)
  • Off-White LLC v. Paige, LLC, 273 F. Supp. 3d 525 (S.D.N.Y. 2017) (represented plaintiff apparel manufacturer and retailer in opposing third-party trademark applications before the TTAB; represented defendant apparel manufacturer and retailer in federal court action for declaratory judgment of non-infringement; won motion to dismiss federal court action; case settled)
  • Bentley Motors Limited v. Aucera SA, Proc. No. 92060353 (TTAB 2017) (represented plaintiff in cancellation proceedings before TTAB; won summary judgment; registration cancelled)
  • Threshold Enterprises Ltd. v. Glanbia, et al. (TTAB and C.D. Cal. 2017) (represented plaintiff in opposition and cancellation proceedings before the TTAB and in trademark infringement action; manage and coordinate related trademark opposition and cancellation proceedings abroad; all proceedings settled)
  • Patrón Spirits International AG v. Destileria 501, S.A. de C.V. (TTAB 2017) (represented plaintiff in opposition proceedings before the TTAB; managed and coordinated representation in related trademark opposition proceedings abroad; all proceedings settled)
  • Patrón Spirits International AG v. Treasure Coast Spirits Inc., Proc. No. 91215778 (TTAB 2016) (represented plaintiff in opposition proceedings before the TTAB; prevailed after trial on the merits)
  • Neman Brothers and Assoc., Inc., v. 4 What It’s Worth, Inc., et al. (C.D. Cal. 2016) (represented defendant manufacturers and retailers in copyright infringement action brought by fabric house; case settled)
  • DLR Licensing, LLC v. Carnival Corporation (TTAB 2015) (represented plaintiff in cancellation proceedings before the TTAB)
  • Cherokee Inc. v. Wilson Sporting Goods Co., 2015 WL 3930041 (C.D. Cal. June 25, 2015) (represented plaintiff in trademark infringement action; won motion for preliminary injunction; case settled)
  • Medtrica Solutions Ltd. v. Cygnus Medical, LLC, 595 Fed. Appx. 991 (Fed. Cir. 2015) (represented appellee in appeal of summary judgment of non-infringement in patent case; summary judgment affirmed by the Federal Circuit)
  • Mod Super Fast Pizza, LLC v. Pieology Spectrum, LLC, CMCB Ventures, LLC and Carl Chang (W.D. Wash. 2014) (represented defendants in action for trade dress infringement and misappropriation of trade secrets; won motion to exclude plaintiff’s damages theory reducing potential exposure by approximately $15 million; case settled)
  • Medtrica Solutions Ltd. v. Cygnus Medical, LLC, 2014 WL 813897 (W.D. Wash. March 3, 2014) and 2014 WL 11906650 (W.D. Wash. July 10, 2014) (represented plaintiff in action for declaratory judgment of non-infringement and invalidity of patent; obtained summary judgment of non-infringement; obtained award of attorneys’ fees following summary judgment of non-infringement in patent case)
  • Fabric Selections, Inc. v. Kohl’s, et al. (C.D. Cal. 2015) (represent defendant manufacturers and retailers in copyright infringement action brought by fabric house; case settled)
  • J.P. Gripper, LLC v. Odyssey Nail Sys., LLC (C.D. Cal. 2013) (represented plaintiff in action for patent infringement)
  • Paige Premium Denim v. Haute Fashion (Sup. Ct. Cal. 2012) (represented plaintiff in action for breach of distribution agreement; case settled)
  • International Growers Supply, Inc. v. Atlantis Hydroponics, Inc. and The Home Depot, Inc. (C.D. Cal. 2012 and N.D. Ga. 2012) (represented plaintiff in patent infringement action; case settled)
  • Alexander Davis v. Auction.com, LLC (Sup. Ct. Cal. 2012) (represented defendant against claim of infringement of personality rights; case settled)
  •  Shimano American Corporation v. VRC Rods et al. (C.D. Cal. 2012) (represented plaintiff in action for declaratory judgment of non-infringement and invalidity of patent; represented counter-defendants in counterclaim for patent infringement; counterclaims dismissed with prejudice)
  • Small v. Schauermann, 2010 WL 2625569 (Cal. Sup. Ct. and Cal. Ct. App. 2012) (represented defendant hospital in action for defamation and tortious interference brought by former employee)
  • Ding v. Cosmos Jewelry Ltd., Proc. No. 92053400 (TTAB 2011) (represented defendant in cancellation proceeding before the TTAB; won motion to dismiss; cancellation dismissed with prejudice)
  • Hon v. Wong, 2011 WL 13218041 (C.D. Cal. Aug. 22, 2011) (represented defendants in copyright infringement action; won motion to dismiss; claims dismissed with prejudice)Premium Denim, LLC v. Hamilton, (C.D. Cal. 2011) (represented plaintiff in action for trademark infringement; case settled)
  • Legator v. Nordstrom and Fortune Swimwear (C.D. Cal. 2011) (represented defendants in action for trademark infringement; case settled)
  • Team-One Employment Specialists, LLC v. Vanessa Bartley/TeamOne Staffing (Nat. Arb. Forum 2011) (represented claimant in UDRP proceeding; prevailed and obtained order transferring domain name)
  • Townsley v. Direct Garden Supplies (Nat. Arb. Forum 2011) (represented claimant in UDRP proceeding; prevailed and obtained order transferring domain name)
  • Coben v. Jimmie Vaughan and related counterclaim Jimmie Vaughan v. The Fabulous Thunderbirds, Inc. (Cal. Sup. Court 2011) (represented defendant and counterclaimant in action for breach of royalty agreements and trademark infringement; case settled)
  • Tatuaje Cigars, Inc. v. Nicaragua Tobacco Imports, Inc., TTAB Proc. No. 91185180 (TTAB 2011) (represented plaintiff in trademark opposition before the TTAB; prevailed after trial on the merits)
  • LA Printex Industries, Inc. v. Forever 21 (C.D. Cal. 2010) (represented defendant apparel retailers in copyright infringement action brought by fabric house; case settled)
  • Sunset Studios Holdings, LLC v. Hauer (Cal. Ct. App. 2010) (represented plaintiff in action for trademark infringement and cyberpiracy against former employee; favorable judgment obtained; appeal dismissed)
  • Sunset Studios Holdings, LLC v. Hauer (Nat. Arb. Forum 2009)  (represented claimant in UDRP proceeding against former employee; prevailed and obtained order transferring numerous domain names)
  • Danmer, Inc. v. Schnell (Cal. Sup. Ct. 2010) (represented plaintiff in action for misappropriation of trade secrets and trademark infringement; case settled)
  • Pure Fishing, Inc. v. Shimano American Corporation and Innovative Technologies, Inc. (S.D. Carolina 2010) (represented defendants in action for patent infringement; case settled)
  • G. Loomis, Inc. v. North Fork Composites, Inc. and GLTPro LLC (W.D. Wash. 2010) (represented defendant manufacturer of fishing tackle in trademark infringement action; case settled)
  • Large Audience Display Systems v. The Los Angeles Lakers, Inc. et al., 98 U.S.P.Q.2d 1360 (E.D. Texas 2010) (represented defendant in patent infringement action; won motion to transfer from the E.D. Tex. to C.D. Cal.; case settled)
  • Missouri Association of RV Parks and Campgrounds v. Sugar Mountaindesign Company (Nat. Arb. Forum 2009)  (represented claimant in UDRP proceeding; prevailed and obtained order transferring domain name)
  • G.Loomis, Inc. v. Descente North America, Inc. (W.D. Wash. 2009) (represented plaintiff in trademark infringement action in Federal Court and before TTAB; case settled)
  • Sizzler USA Franchise, Inc. v. California Ventures, LLC (C.D. Cal. 2009) (represented plaintiff franchisor in seeking TRO and preliminary injunction; obtained complete cessation of infringing use upon filing of TRO application)
  • Scantibodies v. Immutopics (C.D. Cal. and Fed. Cir. 2009) (represented plaintiff in patent infringement action involving complex biotechnology directed to immunoassays concerning parathyroid hormone)
  • Wham-O, Inc. v. Manley Toys Ltd and AW Computer Holding LLC, 92 U.S.P.Q.2d 1750, 2009 WL 6361387 (C.D. Cal. Aug. 13, 2009) (represented toy manufacturer plaintiff in cancellation proceedings before the TTAB seeking to invalidate FRISBEE, HULA HOOP, SLIP ‘N SLIDE and SUPERBALL federal trademark registrations on the basis of genericness; represented toy manufacturer in declaration judgment action brought by owner of registrations; obtain dismissal for lack of subject matter jurisdiction)
  • G. Loomis, Inc. v. Gary Loomis et al., (W.D. Wash. 2008) (represented plaintiff manufacturer of fishing tackle in enforcing trademark rights against founder based upon founder’s surname; case settled)
  • Gnarls Barkley L.L.C. v. Pax Stereo (Nat. Arb. Forum 2008) (represented claimant in UDRP proceeding; prevailed and obtained order transferring domain name)
  • Arthur Kent v. Universal Studios Inc., Playtone Company, The BBC, Blockbuster, Netflix et al., (C.D. Cal. 2008) (represented plaintiff journalist in action for misappropriation of likeness, copyright infringement, unfair competition, and disparagement involving the feature film “Charlie Wilson’s War”; case settled)
  • Townsley v. Micro Hydroponics, Inc., Supply Net International dba Fumelok, et al. (C.D. Cal. 2008) (represented plaintiff in trademark infringement action; won summary judgment of trademark infringement)
  • Mother’s Nutritional Centers, Inc. v. Mommy’s Nutritional Center (C.D. Cal. 2007) (represented plaintiff grocer in action for trade dress and trademark action; case settled)
  • Karen K, Inc. v. Pope, et al. (Cal. Sup. Ct. 2006) (represented plaintiff in action for misappropriation of trade secrets)
  • County of Los Angeles v. S.L.S & N., Inc. (Cal. Sup. Ct. 2005) (represented defendant in tax delinquency litigation; won complete summary judgment and dismissal)
Education

J.D., University of Southern California Gould School of Law
University of Southern California Law Review, Article Editor

B.A., Yale University
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