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Questions Answered by Robert P. Cogan
2 Answers | Asked in Consumer Law for California on
Q: I rented a car w/out showing my license, credit card info, or address. Just online w name,email,phone. Do I have to pay?

The cashier was trying to leave early, I barely caught them despite being in 45min before closing time. They just reached over the counter and handed me the keys.

All I did was reserve the car online with my name email and phone number.

They never verified who I was or took any... View More

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answered on Nov 14, 2019

That is one way to look at the issue.

The rental company might rephrase the questions as follows:

The customer reserved a car knowing full well that car rentals are not free. The customer undertook to pay for the car rental. A contract was formed. Rental company provided the...
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2 Answers | Asked in Intellectual Property for California on
Q: My patent was stolen by a director at a previous employer. What legal actions can I take against him?

In 2013, I invented an aircraft concept. At the company's recommendation, I filed and received a patent for it (patent issued Aug 2018). In 2015, I modified this patent to include another design feature. During the internal application process, I learned that a director inserted his name... View More

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answered on Nov 13, 2019

In most cases the company owns any inventions produced by the employee within the course and scope of employment. Did you sign a patent and proprietary agreement when you became an employee? Aerospace companies that get large contracts use these agreements. It is possible you have no rights.... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Could I publish a book about vocal experts' opinions on a topic, taken from interviews/info online, without permission?

Could a couple of their names be featured in the book title? Could I write each chapter focusing on one public figure scientist, explaining their perspective on the topic as researched through free material found online? Would a disclaimer at the beginning of the book saying these scientists... View More

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answered on Nov 12, 2019

In the absence of careful legal planning, this book could run into a number of legal problems. A disclaimer is a good way to avoid presenting a misleading picture. However, disclaimers and attributions in bibliographies do not avoid copyright problems. There are issues of derivative works and fair... View More

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is the claim for a cooling and heating product under patent??

For example the Icy-hot product..if I make another natural based product that cools and then heats the skin with all organic ingredients is it legal to manufacture and get a patent?

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answered on Nov 3, 2019

See https://www.uspto.gov/patents-getting-started/general-information-concerning-patents

2 Answers | Asked in Copyright and Trademark for California on
Q: Can we use the term 'Craigslist' in a title for a tv show concept?
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answered on Oct 31, 2019

No.

Actually, all the facts need to be known to see if a legal justification could be supported. However, you could still face signficant legal expense if Craigslist decided to sue you.

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can I get a patent on a liquid soap with a unique composition of chemicals?

The chemicals themselves are not unique, just the combination.

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answered on Oct 23, 2019

To merit a patent, the combination must be non-obious. There should be some synergy in the combination. Sometimes a combination may be considered obvious if each component works in a well-known way. A patent attorney may be able to see synergy where the inventor may not. This is because the legal... View More

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1 Answer | Asked in Business Law and Consumer Law for California on
Q: I need to identify a list of dish Network SATV Installers names on a dissolved company location

I need to identify a list of dish Network SATV Installers names on allegro Discount Satellite company located at 20700 avalon blvd ste 310 Carson California 90746 on year 2002 to get their detailed satv purchases like what coax cable companies they use?

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answered on Oct 20, 2019

There does not not appear to be any legal issue raised by this question. There may be other places to seek information.

2 Answers | Asked in Copyright and Business Law for California on
Q: Instagram contents and merchandising.

I have an Instagram account to show semi celebrities’ caricatures. I am not doing anything with those artworks to make money myself, these are only to show on this SNS.

One day I had a chance to meet with one of the musicians I drew, and gave him a print out of his caricature I did and he... View More

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answered on Oct 20, 2019

It looks light he might have copied the drawing improperly. Responses could include anything from a nasty cease and desist letter to making a deal. Consulting an attorney could help you determine what action might have the best chance of making some money for you.

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1 Answer | Asked in Business Law and Contracts for California on
Q: I am trying to get a credit for hard costs incurred when a contracted freight company mishandled my product.

They refuse to offer any sort of compensation as well as require me to pay my freight bill above the hard costs I incurred and said I needed to take them to court. I'm trying to figure out what other options I have, and not sure how to find a lawyer, if I have a case, etc. I have submitted a... View More

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answered on Oct 15, 2019

You can take them to court. If your claim is up to $10,000 you can go to small claims court. The filing fee is low and lawyers do not take part. You can "Google" California Superior Court. The court website has tutorial information and guidance. It is a more direct to way go after money.

1 Answer | Asked in Copyright for California on
Q: My name is Koi and I am a photographer who has found Mix Unit, LLC selling merchandise with my photo.
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answered on Oct 14, 2019

Based on the limited facts provided, there seems to be a case of copyright infringement. There are many different approaches available. It would be helpful to know exactly what they were doing with your photo and how it is being sold. Other facts are also important. A review with an attorney can... View More

1 Answer | Asked in Trademark for California on
Q: I own a towing company named Extreme Performance Towing and transport in Sacramento. Well today I received a letter from

a tow company in diamond springs named extreme towing. They are saying they have a service/trade mark on extreme and towing and they want me to change my company name. If this is the case no one can use extreme for the first name of there towing business. Also I don't think anyone can trade... View More

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answered on Oct 10, 2019

Sometimes names can coexist and sometimes they can't. The remarks you make about "extreme" and "towing" in trademarks make sense. However, those remarks do not address the legal issues. A good place to start is figuring out what exactly their trademark covers and why they... View More

2 Answers | Asked in Copyright and Trademark for California on
Q: What is the process for making an idea become panted?
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answered on Oct 5, 2019

All the information you seek will likely be found at www.USPTO.gov.

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2 Answers | Asked in Trademark for California on
Q: I, Edwin see a phrase on a website and I would like to put a Trademark. Can I just Register the Trademark?

Trademark/Phrase not Registered and would like to take over?

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answered on Oct 4, 2019

Filing a trademark registration application requires actual use of the mark on goods or service OR a sincere intent to use the mark in the foreseeable future. It is a good idea to consult an attorney to see if "taking over" the trademark will meet your business objectives.

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1 Answer | Asked in Trademark for California on
Q: if a company trademarks its name in a diff industry, can i still file for like name? Sweet Salt (them) vs Sweet Salt SF

they are in the food and bev industry, i am in canine care services and leash/collar making & sales

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answered on Oct 2, 2019

Maybe, maybe not. That's why trademark law is often a two or three semester-hour course in law school and why trademark lawyers read law journals and pursue continuing legal education.

There are many facts that need to be looked at beyond the broad categories of goods and services....
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2 Answers | Asked in Trademark for California on
Q: Can I still trademark a name that is already live if the goods and services I offer are different?
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answered on Sep 25, 2019

Maybe. The criterion is likelihood of confusion as to the source of the goods. Whether or not the goods differ is only part of the puzzle. A simple example would be GOOGLE drain cleaner. Difference in the goods would likely not be important.

It would be prudent to consult an attorney.

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1 Answer | Asked in Trademark for California on
Q: I need to file a trademark under 032 and it looks like there is a Non-FInal Action - Mailed status. Is it too late forme

I need to know if i can apply for a trademark if there is already a Non-Final action for the entity that is currently pursuing it.

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answered on Sep 24, 2019

You can file but it is best to evaluate your position first. Sometimes similar trademarks can coexist. Sometimes they can't. Without a review, the fact that there is a non-final action is not informative. Some non-final actions are easily overcome.

2 Answers | Asked in Contracts and Intellectual Property for California on
Q: Do signed agreements giving ownership of a music video allow to use audio (recorded for and during production)?

signed agreement:  singer ".... authorizes others to use my name, voice and likeness in connection with the production [...] Producer..” (me) “...is the sole owner of all rights in and to the picture and all elements thereof, including photography and recordings of my voice and likeness.... View More

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answered on Sep 24, 2019

It would be necessary to read the agreement in order to understand the deal between the parties. It may seem "fair" for a producer to have the right to use audio, but the rights are determined by the agreement.

It is difficult for an individual to achieve a desired outcome when...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Graphic illustration for t-shirt.

Hello,

I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car (without logo). So basically it would be a bit different.... View More

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answered on Sep 23, 2019

Many people say, "So basically it would be a bit different." Sometimes that is true. Other times it would simply be wishful thinking. Even so, the criterion is whether there is confusion as to whether you might be seen as falsely indicating a relationship with Lamborghini.

I do...
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2 Answers | Asked in Contracts, Business Law, Collections and Intellectual Property for California on
Q: I invested in a UK company, then the founder moved to the US and re-formed without notifying me.

I invested in a UK company. The founder claimed that he was shutting down the company. Next thing I know, he goes to the US and restarts the company. Now the company is successful and is operating strongly in the US. Do I have any grounds for a lawsuit? He did not give me any compensation, new... View More

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answered on Sep 16, 2019

It might be possible to bring an action against the founder. The facts must be examined by an attorney to see if they support bringing an action in the United States rather than in the UK. The facts must be examined to see if the founder committed any improper activities. The range of possibilities... View More

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1 Answer | Asked in Trademark for California on
Q: My Trademark has been denied because the name of our Company is "descriptive of the product we are selling".

If I add our logo will the trademark then be approved or do I need to add something to the name itself?

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answered on Aug 16, 2019

Usually when the refusal to register is based on descriptiveness, the examining attorney includes a description of some options that are available to you. Apparently you have not considered these options.

If you add the logo or something else, the mark being considered is no longer the...
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