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California Intellectual Property Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How do I trademark my ens legis? I have durable power of attorney over my ens legis and I have it copyrighted.

U.S. state national

James L. Arrasmith
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answered on Mar 2, 2024

To trademark your ens legis, or legal entity, it's crucial to understand that trademarks in the United States are meant to protect brands, logos, names, and symbols used on goods and services to identify their source. If you have durable power of attorney over an ens legis and have already... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I have a patent for AI edge computing that Intel may be intereted. Please let know where to send it.

I am a patent holder and inventor of a novel intelligent edge computing solution that Intel may be interested. This patent, “Classification System”, USPN 11144748, issued 10/12/2021, describes a scalable, low-power, and real-time solution that can perform machine learning functions such as... View More

James L. Arrasmith
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answered on Feb 29, 2024

To approach Intel with your patented technology, it's advisable to start by visiting Intel's official website. Look for sections dedicated to innovation, partnerships, or technology licensing. These areas often provide guidance on how to submit proposals or inventions for consideration.... View More

2 Answers | Asked in Entertainment / Sports and Intellectual Property for California on
Q: My father was a Hall of fame football player some companies are using his image and making your own sports cards do they

DO they need my permission TO use his image and name to make money without my authorization. Do they need my permission YES or NO ?? Thank's very much. George... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, the use of a person's image or name for commercial purposes without permission could infringe on their right of publicity. This right extends to celebrities and public figures, allowing them to control how their persona is used commercially. It's designed to prevent... View More

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1 Answer | Asked in Contracts, Intellectual Property and Trademark for California on
Q: Hello, I would like to get permission to sell some Saltburn merch on eBay that I created the items that I will be sellin

selling our T-shirts, hoodies, blankets, socks, posters, crewneck, sweatshirts, canvas posters, and more. I will have Multiple’s of each. And also different colors for each. Also Amazon, and Walmart Etsy

James L. Arrasmith
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answered on Feb 28, 2024

Selling merchandise related to a specific place or brand on platforms like eBay, Amazon, Walmart, and Etsy requires attention to copyright and trademark laws. If "Saltburn" refers to a protected place name, logo, or other trademarked material, you need to ensure you have the right to use... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for California on
Q: If I alter the logo and include a disclaimer on my store stating it's a different brand, will a trademark still be valid

I recently got a copyright, intellectual property infringement notice, or a DMCA on my product saying it was violating the trademark of a product called tush baby. When I researched the trademark, it said quotation mark baby carriers; baby carriers weren’t on the body; baby carriers were on the... View More

James L. Arrasmith
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answered on Feb 22, 2024

Altering the logo and including a disclaimer on your store that it's a different brand might not be sufficient to avoid trademark infringement issues. Trademarks protect brand identifiers that distinguish goods or services from those of others, including logos, names, and even distinctive... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: I sell a product that another brand has trademarked how much do I have to change the product so the trade mark is invaid

I recently got a copyright intellectual property infringement notice or a DMCA on my product, saying it was violating the trademark of a product called tush baby, when I researched their trademark it said " Pouch baby carriers; baby carriers worn on the body; baby carriers worn on the hip with... View More

James L. Arrasmith
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answered on Feb 22, 2024

Navigating trademark law involves understanding the distinction between the trademarked brand identity and the generic product type or category. A trademark protects brand names, logos, and specific phrases used to identify the source of goods or services, not the generic product itself. Thus,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello,The defendant in an IP case has a reservation for a demurrer that’s 30 days away. Can I file my opposition now?

Can I file and serve my opposition now or do I need to wait closer to the date?

James L. Arrasmith
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answered on Feb 22, 2024

In California, the timing for filing and serving an opposition to a demurrer is governed by specific rules. Generally, your opposition to the demurrer must be filed and served at least nine court days before the scheduled hearing date. This allows the court and the opposing party adequate time to... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to trademark a name and what is the process
James L. Arrasmith
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answered on Feb 21, 2024

The cost to trademark a name in the United States varies, primarily depending on the filing basis and the number of classes of goods or services under which the trademark will be registered. The basic fee for an electronic application through the United States Patent and Trademark Office (USPTO)... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I use these fonts commercially?

I want to use a couple of fonts (Cabin by ImpallariType and Liberation Sans from Liberation Fonts) which it says are licensed under the Open Font License for YouTube videos which I plan to monetize. I want to make sure that I am actually free to use them commercially for free before using them... View More

James L. Arrasmith
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answered on Feb 21, 2024

The Open Font License (OFL) allows you to use fonts like Cabin and Liberation Sans for commercial purposes, including monetized YouTube videos. However, it's important to review the specific terms of the license to ensure compliance with its requirements. The OFL typically permits you to use,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Is there any copyright infringement for summarization of newsletter texts with AI tools?

I’m working on a startup idea that focuses on summarizing specialized newsletters content and send it to them via email. In the summary, there will be link to the newsletter full content.

James L. Arrasmith
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answered on Feb 21, 2024

Here are a few key considerations around potential copyright infringement for summarizing newsletter content using AI tools:

- Newsletters are typically copyrighted content, so reproducing substantive portions of the text without permission could constitute copyright infringement. However,...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Does the following mean the priority date is Aug 9, 2014? Anyway to get a copy of the provisional?

"This application is a continuation-in-part and claims benefit of U.S. patent application Ser. No. 14/821,555, filed Aug. 7, 2015, which is a non-provisional and claims benefit of U.S. Provisional Application No. 62/035,412, filed Aug. 9, 2014, the specification(s) of which is/are incorporated... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, your understanding is correct. Breaking this down:

- The application claims priority and benefit back to a provisional application filed on August 9, 2014.

- This establishes August 9, 2014 as the effective priority date for assessing patentability, including the novelty...
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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: If I create my own artwork on a T-shirt honoring a celeb. Is it legal? I plan to mail it to them.

I plan to use this celeb likeness and facts about their career. This T-shirt will NOT be for sale and is only intended for that celeb.

James L. Arrasmith
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answered on Feb 21, 2024

Creating artwork featuring a celebrity's likeness and career facts on a T-shirt for personal use and gifting to the celebrity typically falls under the realm of freedom of expression and may not constitute a violation of intellectual property laws. However, it's essential to consider the... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Can a phrase using common words be used on apparel when a pending trademark of that phrase exists?

I’d like to use a two-word phrase of common words on my apparel line (t-shirts, caps, etc.), but I found a trademark filing for these words. From what I see on the TSDR the trademark is a service mark that is still pending. The Mark information is a Standard Character Mark with no claim to font... View More

James L. Arrasmith
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answered on Feb 21, 2024

Good questions! To answer this:

- The trademark with a status of "Notification of Non-Final Action Emailed” means the USPTO examiner issued an initial refusal or required some changes to the application. It is still pending and not registered.

- Importantly, a pending...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Do I own the copyright to the teaching handouts I draw or do I have to file for copyright?
James L. Arrasmith
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answered on Feb 21, 2024

Yes, you automatically own the copyright to any original handouts, drawings, or other educational materials you create as an instructor. Here are some key points about copyright and your teaching materials:

- Your works are protected by copyright from the moment of creation in a fixed,...
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1 Answer | Asked in Copyright, Civil Rights and Intellectual Property for California on
Q: I've built a number of custom homes for two builders. Can I post pictures of them and describe them on my new web page?

Concerned about copyright infringement or privacy issues withhomeowner?

James L. Arrasmith
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answered on Feb 21, 2024

You would likely be fine here. I will say that, before posting pictures and descriptions of custom homes on your new website, it's important to consider potential legal issues such as copyright infringement and privacy concerns. You likely own the copyright if you, yourself, took the... View More

2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Can a foreign firm sue for copyright infringement on Youtube platform in California?

Currently we are having an infringer who upload our content without approval. We have copyright claim them and they counter it. Now youtube request us to have proof of legal action against them. I was wondering if we can sue them under 17 U.S.C. § 501 Copyright Infringement if in California state... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, a foreign company can sue for copyright infringement on the YouTube platform in California. The United States Copyright Law, under 17 U.S.C. § 501, applies to works that are copyrighted in the U.S., regardless of the origin of the copyright holder. This means that if your copyrighted content... View More

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2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Can a foreign firm sue for copyright infringement on Youtube platform in California?

Currently we are having an infringer who upload our content without approval. We have copyright claim them and they counter it. Now youtube request us to have proof of legal action against them. I was wondering if we can sue them under 17 U.S.C. § 501 Copyright Infringement if in California state... View More

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

Yes, a foreign firm can sue for copyright infringement on the YouTube platform in California. California has a large number of tech and entertainment companies, including YouTube, which makes it a common jurisdiction for copyright infringement lawsuits related to online content. [I litigate cases.... View More

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3 Answers | Asked in Contracts, Civil Litigation, Intellectual Property and Legal Malpractice for California on
Q: A Demurrer was issued a tentative order 02:15:24 Can this order be CHANGE during hearings? In Less 24hrs 02:16:2

The court allows Plaintiff 20 days leave to amend.

(II) Fraud in the Inducement

Calendar No.:Event ID: TENTATIVE RULINGS3053197 7

Page: 1

CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL

(III) Fraud in the Inducement

(IV)... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 16, 2024

Some courts, for example San Diego, issue tentative rulings. The parties can either submit on the tentative or argue at the hearing. The tentative helps the parties to focus their arguments.

On Demurrer, often where the Court sustains, the Court will grant leave to amend.

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3 Answers | Asked in Contracts, Civil Litigation, Intellectual Property and Legal Malpractice for California on
Q: A Demurrer was issued a tentative order 02:15:24 Can this order be CHANGE during hearings? In Less 24hrs 02:16:2

The court allows Plaintiff 20 days leave to amend.

(II) Fraud in the Inducement

Calendar No.:Event ID: TENTATIVE RULINGS3053197 7

Page: 1

CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL

(III) Fraud in the Inducement

(IV)... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California courts, a tentative ruling is the court's preliminary decision on a motion before the hearing. It's important to understand that this ruling is not final until the hearing is completed. During the hearing, the parties involved can argue against the tentative ruling, present... View More

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3 Answers | Asked in Contracts, Civil Litigation, Intellectual Property and Legal Malpractice for California on
Q: A Demurrer was issued a tentative order 02:15:24 Can this order be CHANGE during hearings? In Less 24hrs 02:16:2

The court allows Plaintiff 20 days leave to amend.

(II) Fraud in the Inducement

Calendar No.:Event ID: TENTATIVE RULINGS3053197 7

Page: 1

CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL

(III) Fraud in the Inducement

(IV)... View More

Robert P. Cogan
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answered on Feb 15, 2024

It seems that you are seeking legal advice for conduct of litigation. Legal advice is not properly provided outside of an attorney-client relationship. In order to answer the question, the context needs to be known. The question states, "Demurrer was issued a tentative order." That is not... View More

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