Phone: 818-827-9000
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Mastro

Michael A. Bernet

Associate

Michael A. Bernet

818-827-9170

818-827-9066

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Michael litigates intellectual property and general civil matters, including complex business and contractual disputes, and he has extensive experience in the apparel and consumer goods industries. He represents individual and corporate clients in all aspects of litigation, in federal and state courts, as well as opposition proceedings before the Trademark Trial and Appeal Board. As a litigator, Michael is committed to resolving matters early and cost-effectively, and when necessary, he provides aggressive advocacy.

As part of his practice, Michael regularly advises clients on how to develop and maintain their IP portfolios, including through trademark selection and clearance, and resolves registration issues with the U.S. Patent and Trademark Office and the U.S. Copyright Office. Michael also performs corporate, transactional, and other non-litigation focused services for clients as needed.

Before joining Brutzkus Gubner, Michael was a full-time judicial extern for the Honorable Judge André Birotte Jr. of the United States District Court for the Central District of California. As an extern, Michael regularly evaluated competing motions, drafted orders for the Court’s review, and observed many trials and hearings.

Michael joined Brutzkus Gubner as a summer law clerk during his second year of law school and returned as an associate after graduation in 2015. During law school, Michael received a CALI Award for earning the highest grade in Intellectual Property, was a member of the Pepperdine Law Review, a fellow with the Geoffrey H. Palmer Center for Entrepreneurship and the Law, and was inducted into the Phi Delta Phi International Legal Honor Society.

Representative Matters

Education

  • Jitrade Inc. v. Alexia Admor, et al. (C.D. Cal. Case No. 18-cv-5009) (obtained summary judgment in favor of defendants in copyright infringement action)
  • Nolan Miller Inc. v. Kevin Scott Hees (C.D. Cal. Case No. 17-cv-07355) (obtained $180,000 judgment for copyright infringement of numerous photographs, and award of attorneys’ fees)
  • Michael Miller v. Kendall Jenner, Inc., et al. (C.D. Cal. Case No. 17-cv-04992) (represented defendants in copyright infringement action)
  • Pereira v. Kendall Jenner, Inc., et al. (S.D.N.Y. Case No. 17-cv-06945 and C.D. Cal Case No. 18-cv-02622) (represented defendants in identical copyright infringement actions in New York and California)
  • Kellytoy v. MSA Trading, et al. (C.D. Cal. Case No. 18-cv-3740) (represented defendants in trademark infringement action)
  • NSI Group, LLC v. Bauderer Packaging, LLC (LASC Case No. LC107092) (represented plaintiff in breach of contract and intentional interference action)
  • VND Clothing Company, Inc. v. Bailey Blue, LLC (LASC Case No. BC638255) (represented defendant and cross-complainant in breach of contract action)
  • Tipsy Elves LLC v. Wal-Mart Stores, Inc., et al. (S.D. Cal. Case No. 17-cv-00327) (represented defendants in copyright infringement action)
  • Yoon, et al. v. Sajo Oyang Corporation, et al. (LASC Case No. 18STCV00958) (obtained dismissal with prejudice of all claims through demurrer in $2.9 million breach of contract action, and monetary sanctions against plaintiffs)
  • MS Global Sourcing Co., Ltd. v. Second Generation, Inc. (LASC Case No. VC066781) (represented defendant in breach of contract and fraud action)
  • Fairway Trading, Inc. v. JS Apparel, Inc., et al. (LASC Case No. BC689421) (obtained judgment exceeding $82,000 for breach of contract)
  • Universal Dyeing & Printing, Inc. v. Liberty Apparel Company Inc., et al. (C.D. Cal. Case No. 17-07854) (represented several defendants in copyright infringement action)
  • L.A. Gem & Jewelry Design, Inc. v. AN & Associates Co. Inc., et al. (C.D. Cal. Case No. 17-cv-02417) (represented defendants in copyright infringement action)
  • Fabric Selection, Inc. v. Manjeet International, Inc., et al. (C.D. Cal. Case No. 17-cv-02353) (represented defendant in copyright infringement action)
  • Spirit Clothing Company v. Jerry Leigh of California, Inc., et al. (C.D. Cal. Case No. 16-cv-08637) (represented defendants and counter-claimant in trademark infringement and unfair competition action)
  • TTAB Case No. 91241963 (obtained judgment against trademark applicant)
  • Design Collection, Inc. v. Zulily, Inc., et al. (C.D. Cal. Case No. 16-cv-09213) (represented defendants in copyright infringement action)
  • Romex Textiles, Inc. v. CYS, Inc., et al. (LASC Case No. 17K01793) (represented several defendants in fraudulent transfers action)
  • Bravado v. Hudson Outwear, Inc., et al. (C.D. Cal. Case No. 16-cv-06634) (represented defendants in trademark infringement and right of publicity action)
  • Rogue Apparel Group, Inc. v. Rogue American Apparel, LLC (C.D. Cal. Case No. 16-cv-03402) (represented defendant in trademark infringement action)
  • Cirana Corp. v. Changshu Jicheng Spinning & Weaving Commodities Co., Ltd. (C.D. Cal. Case No. 16-cv-04590) (represented plaintiff in copyright infringement and intentional interference action)
  • David Bernard v. Equities.com, Inc., et al. (LASC Case No. BC616419) (represented plaintiff and cross-defendants in breach of contract and fraud action)
  • Lights Out Holdings, LLC v. Lights Out Apparel, LLC, et al. (S.D. Cal. Case No. 16-cv-02195) (represented plaintiff in trademark infringement and cybersquatting action)
  • Sunrise Prints v. New Rise Brand Holdings, LLC (LASC Case No. BC612492) (obtained writ of attachment exceeding $159,000 for breach of contract)
  • Marsha Trading, Inc. v. Tailgate Printing, Inc. (LASC Case No. BC614085) (obtained writ of attachment exceeding $93,000 for breach of contract)
  • TTAB Case No. 91232312 (obtained judgment against trademark applicant)
  • TTAB Case No. 91229301 (obtained judgment against trademark applicant)
  • TTAB Case No. 91229658 (obtained judgment against trademark applicant, The Upper Deck Company)
  • Metal Jeans, Inc. v. Affliction Holdings, LLC, et al. (C.D. Cal. Case No. 15-cv-00743) (represented plaintiff in trademark infringement action)
  • Metal Jeans, Inc. v. Lululemon USA, Inc. (C.D. Cal. Case No. 15-cv-00738) (represented plaintiff in trademark infringement action)
  • Farouk Systems, Inc. v. Chi Nail Franchises, LLC (C.D. Cal. Case No. 13-07533) (represented plaintiff in trademark infringement action)
  • Pepperdine University School of Law (J.D., 2015); Activities and Societies: Law Review, Phi Delta Phi International Legal Honor Society, The Geoffrey H. Palmer Center for Entrepreneurship and the Law
  • University of California, Berkeley (B.A., American Studies, 2010)

Admissions, Memberships and Qualifications

Publications & Presentations

  • Thomson Reuters Southern California “Super Lawyers – Rising Stars” (2018-Present), placing Michael in the top 2.5% of under – 40 attorneys in the region
  • U.S. District Courts for the Northern, Central, and Southern Districts of California
  • International Trademark Association (INTA)
  • Beverly Hills Bar Association
  • California Lawyers Association, Litigation & IP Sections
  • State Bar of California (2015)
  • Judicial Extern for the Honorable André Birotte Jr., U.S. District Court, Central District of California (2015)
  • Author, “Can You Trademark a Color?” IPWatchdog (July 2018)
  • Author, “Ban on ‘Immoral’ and ‘Scandalous’ Trademarks Ruled Unconstitutional,” IPWatchdog (Dec. 2017)
  • Co-Author, “Parody Products: When Should Brand Owners “Smile or Laugh” and When Should They Sue?” Landslide (July 2017)
  • Co-Author, Trademark News Alert, U.S. Supreme Court Declares the Lanham Act’s “Disparagement Clause” Unconstitutional (June 20, 2017)
  • Author, “The Eagles Sue Hotel California,” Forbes (May 19, 2017)
  • Co-Author, “Attention Shoppers! Surveillance on Aisle 6,” Valley Lawyer (April 11, 2017)
  • Co-Author, Copyright News Alert, U.S. Supreme Court Clarifies Separability Test for “Useful Articles” (March 23, 2017)
  • Co-Author, “Copyright Ownership (That’s What McCartney Wants),” Forbes (Jan. 24, 2017)
  • Co-Author, “Industry Voices: Avoiding A Writ of Attachment: A Buyer’s Guide to Rejecting Non-conforming Goods,” California Apparel News (Aug. 11, 2016)