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California Copyright Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: How do I go about owning the trademark for "Girl Gang"? It seems to stand as abandoned. Thank you.

I want to trademark "Girl Gang" for a women's sports apparel company, I'm looking to start. It seems to stand as abandoned. What does that mean? Thank you.

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Jun 10, 2019

You should apply for a trademark application.

1 Answer | Asked in Copyright and Internet Law for California on
Q: The website"Getty Images"are selling graphic photographs of my 6yo great-aunt's death from 1951.

Getty Images claims to just be the host(although they are the ones licensing and selling the images) :University of Southern California"image library is the contributor and supposed rights manager.i would be grateful for your help in removing these painful and traumatic images removed as soon... View More

Jason Brooks
Jason Brooks
answered on Jun 4, 2019

A good start would be having an attorney draft a simple but effective “cease and desist” letter, accompanied by a DMCA takedown notice to Getty Images. I would be happy to assist. Shoot me an email and we can discuss: jason@altviewlawgroup.com

1 Answer | Asked in Contracts and Copyright for California on
Q: Wrote code for client as a independent software developer, without a written contract. Is the code I wrote legally mine?

Work was done without any contract, client refused to pay. I removed the code I wrote and now am being threatened with a lawsuit. Since there was no contract, it looks as if the code is legally mine under copyright laws. Is this correct?

Jason Brooks
Jason Brooks
answered on Apr 17, 2019

Absent a written agreement or other express understanding that the developer would be the owner of the code upon its creation (i.e. some type of work-for-hire language) then you have a good basis for claiming that ownership in the code never exchanged hands because you have not been compensated for... View More

2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Q: can I use companies trademarked logos on another brand listing that makes money?

this is a business selling on Amazon. we intend to use other brands logos like apple, for example, to sell our product more.

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 18, 2019

Only if you want to risk being sued by the other companies for Trademark Infringement.

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Intellectual Property for California on
Q: I have an idea for a website/app, how do I protect it? —please see the description for the complete question. Thx!!

How do I protect my idea for a website/app? I don’t want to disclose too much about it—that’s the reason for my asking in the first place—I don’t want a copycat with more resources/startup money than me to steal my idea & make a fortune off of my concept.

The idea, without... View More

Frank Huerta Jr
Frank Huerta Jr
answered on Feb 11, 2019

I suggest you have an attorney draft a non-disclosure agreement for you. However if you are pitching it to an investor, some may balk at the idea of signing it.

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: how to see if a design is patent able?
Griffin Klema
Griffin Klema
answered on Jan 16, 2019

Hire an attorney to conduct a prior art search and provide an opinion about whether your design is patentably distinct over the prior art. I recommend you budget about $2,000 for this work. Good luck!

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Will copyright be infringed in this scenario = My son lives in LA, want to open a Movie themed motel

Rooms have film related posters and memorabilia such as a Disney room, a horror room or a Star Wars/si fi room. The question concerns the use of retail available film items to make income as in room rental?

Michael

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

Commercial use of copyrighted images qualifies as an IP violation, and thus a license would be needed from the copyright owner for such use. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself.... View More

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: Hello i have a question What is the difference between copyright, patent, trademark? Wound i need to have all 3

I want to design a logo so would i need all 3

Trademark, copyright, patent

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 7, 2018

You'd just trademark it.

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2 Answers | Asked in Contracts, Copyright and Intellectual Property for California on
Q: Can I create art with photos I took of horses on a private ranch without a model release?

The ranch owner refuses to sign the model release after a verbal agreement was struck prior to the shoot. He wishes to control which pictures I can use and when. He wishes to modify the model release after rejecting the initial release. I took the pictures with my camera. Do I own the copyrights... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Oct 28, 2018

Your first mistake was in relying on a "verbal agreement." Verbal agreements are nearly impossible to prove. I have not seen the agreement proposed by the ranch owner, but you should have a short, professional agreement in your file, containing various releases. I handled many cases... View More

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Q: What does California's "ARTICLE 3.5. Inventions Made by an Employee" protect?

I understand that California's law protects employees inventions done on their own time, using their own equipment if unrelated to the employer's business. I'm not clear what constitutes an "invention." Do works of authorship and other copyrightable material count as an... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 23, 2018

Well, you are going to have to talk to a California employment attorney to get the best answer. I am not a California attorney, nor an employment attorney, but here are a few points.

(1) You are correct that the trademarks, logos, brand names, sales copies, and like, are likely not...
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2 Answers | Asked in Consumer Law, Contracts, Copyright and Gaming for California on
Q: How would I go about obtaining ownership of this trademark?

I have interest in potentially claiming this trademark for the purposes of licensing it to video game developers. What steps would I need to take to obtain ownership?

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2018

If you're looking for input from a trademark attorney, the question might be more likely to be picked up by posting it in the Trademark section.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Does it violate the copyright if I sell my own solution in an ecommerce platform? The Unofficial title is on the cover
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 30, 2018

If you see somebody launch an e-commerce service, and you say, hey, that's a great idea, I'll think that I'll launch a competing e-commerce, then you are correct to worry about intellectual property.

If you write a code that solves a technical problem in a different way, and...
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1 Answer | Asked in Copyright for California on
Q: I am the Assistant Dean of Truth & Mercy Institute for Advanced Ministry Studies in Yermo, CA. We are a small Bible

college that is tuition and fee free. Can we used free downloadable PDF copies of copyright books for our Bible courses without violating copyright laws?

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 1, 2018

I don’t think that this will be possible. You could copy older versions of the Bible (e.g., KJV, RV, ASV), but I suspect that your students already have those. Copying a concordance indexed to one of these Bibles may possibly be OK as well, but not anything more.

Your choices are...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Is it possible to patent the concept of a (Latin/Christian) cross being a zipper puller? Has it been done?

Unsure if custom fashion hardware can be patented , unsure if custom zipper pullers can be patented, unsure if religious symbols can be patented.

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 11, 2018

Custom zippers can be patented as far as religious symbols it depends on a few factors.

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1 Answer | Asked in Copyright, Intellectual Property, Trademark and Internet Law for California on
Q: If I register a trademark and that name is already used in a domain (but not trademarked yet) can I get that domain?

For example: I trademark HappyCamper (just an example) and there's already a taken domain that's happycamper.com, could I get that domain?

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

It depends if the party in whom has a domain for it has trademarked a name similar or the exact same.

1 Answer | Asked in Business Law, Gaming, Copyright and Intellectual Property for California on
Q: Making money from video games in public places.

Hello,

I want to make some arcade like machines and then put those in public places where kids can drop some coins in and play. but here's the problem, the games that I would like to run on those machines are not actual arcade games, those are games released for the gaming consoles... View More

John Espinosa
John Espinosa
answered on Jun 24, 2018

The owners of the legal rights of those games would probably not take kindly to you infringing on those rights and profiting from it. Their rights are enforceable internationally. Your best bet is to reach out to the owners and ask for permission to do this.

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Animal / Dog Law for California on
Q: I had my dog stolen off of my property, when I was not home.

My dog was stolen off of my property, and she is microchipped. Someone has taken her into the animal control to get scanned for microchip and I was contacted by the person who has her that my dog is found and to give him a call, I was contacted by email. But the number he provided is a disconnected... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 6, 2018

call the police.

my first trial 40 years ago was a dognapping. i have never heard of one since but the thief should be caught and prosecuted.

1 Answer | Asked in Copyright for California on
Q: I wrote a book. In it, characters say “it’s a trap” & “ i’ve got a bad feeling about this “. Is this infringing

I heard characters in Star Wars say the same things but these quotes are such general statements that I can’t quite tell if it’s copyright infringement

John Espinosa
John Espinosa
answered on Jun 4, 2018

Those are both examples of general statements that are not unique to those characters or to the work in question. Now if your characters had similar names to the other characters or other similarities then there might be copyright infringement.

1 Answer | Asked in Copyright for California on
Q: Do I need licensing for printing and selling t-shirts that have a celeb's name, a phrase related to him, or his lyrics?

I have a print and media company and we customize tshirts, caps, coffee mugs and other stuff... I wanted to start taking up orders from a celebrity's fandom for selling customized merchandise online. I will not be using the celeb's photos, official fonts or logos but just use his song... View More

John Espinosa
John Espinosa
answered on May 31, 2018

Yes, here is a helpful resource that addresses your question:

https://www.thelaw.com/law/are-song-titles-lyrics-protected-by-copyright-or-trademark-law.317/

As far as who to ask for a license to the rights, it would be the music publisher of the song.

1 Answer | Asked in Copyright for California on
Q: I have a canvas thats 40" by 60" of a copyrighted photo. It is a un-official photo from what I can find.

It is a one of a kind reproduction of some sort that is not signed and never offered on a canvas. So it clearly is a private collectors item of a famous photo. I could care less about the photo (on a canvas) and want to just sell it off and be rid of it's huge size. I don't even know... View More

John Espinosa
John Espinosa
answered on May 30, 2018

It all depends on the circumstances of the sale in which you received the print. If it was from the photographer or a legitimate reseller, then you may be able to re-sell it. This is because of the first sale doctrine.

Typically, the first sale doctrine will come into play in these types...
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