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California Gaming Questions & Answers
1 Answer | Asked in Gaming, Copyright and Intellectual Property for California on
Q: can you sale a custom card of a card game like pokemon

the custom is done on a real card with custom art on front

James L. Arrasmith
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answered on Apr 9, 2023

No, it is not legal to sell custom cards of a copyrighted card game like Pokemon without permission from the copyright holder. The custom art on the front of the card would likely be considered a derivative work, which is protected by the same copyright as the original game.

Selling such...
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1 Answer | Asked in Gaming, Criminal Law and Employment Law for California on
Q: Hello I’m not sure if you’ll be able to answer my question but I work in a casino(dealer)and my AirPods were dropped out

… of my pocket while I was dealing(3/6/23)and they were picked up by a supervisor and he gave them to a security guard to be put in lost in found. The next day I go to lost in found and they said they have no log for any AirPods being turned in and to check back in a couple days. So I come back... View More

James L. Arrasmith
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answered on Mar 22, 2023

If you believe that your AirPods were stolen by a supervisor or anyone else who had access to them, you may want to report the incident to the casino's security department and/or to the police. They may be able to investigate the matter and potentially identify the person responsible.... View More

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: If I make a Car Quiz mobile game will I get in trouble? I don't have any permission from any brand, but isn't a racegame

Also I would like to put the cars in Cards, and Packs where you can find them, so It became also a card collecting game

James L. Arrasmith
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answered on Feb 20, 2023

If you create a mobile game that uses images or trademarks of car brands without permission, you may be infringing on the intellectual property rights of those brands. This can potentially result in legal action being taken against you.

To avoid potential legal issues, it is recommended...
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2 Answers | Asked in Entertainment / Sports and Gaming for California on
Q: I got an offer to play a game for money if I reached the goal in 21 days. They have paid me before for other game offers

This time it’s the run around for like 3-4 weeks they said it would be resolved in 10 days. Now they have stop replying to my emails. I was really depending on that money, now it’s costing me money I don’t have.

Louis George Fazzi
Louis George Fazzi
answered on Feb 5, 2023

You can contact the Labor Commissioner's office by going to their website (https://www.dir.ca.gov/dlse/). Once you get to the main page, click the link for labor law and then click the link for Wages, where you will find out how to file your wage claim. If they can help with your situation,... View More

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2 Answers | Asked in Gaming and Internet Law for California on
Q: Can I sue a internet company not keeping up to a writtten deal about paying me money for playing a video game?

This company said if I get to level mansion 21 in 21 days they will pay me $34.60 and they didn’t then they said email us screenshots of level 21 mansion and it will be resolved in 10 days and it’s been 14-15 and I emailed them with it again and they said to do something else now to resolve I... View More

James L. Arrasmith
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answered on Feb 20, 2023

Yes, you may be able to sue the internet company for breach of contract if they failed to pay you as agreed. To have a valid contract, there must be an offer, acceptance, and consideration (which is the thing of value being exchanged). If the company made an offer to pay you $34.60 for reaching... View More

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1 Answer | Asked in Criminal Law, Tax Law and Gaming for California on
Q: Is it legal to form an LLC in California where its' profits come from sports bets made by statistical analysts?

Nothing is in motion, however I am currently a data analyst for a company and through that role I have thought of a way to structure how to make money off of sports bets. I know what to look for and can create spreadsheets that track historical data of players and teams where I can create a report... View More

James L. Arrasmith
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answered on Feb 20, 2023

It is legal to form an LLC in California for a business that generates profits from sports bets made by statistical analysts, provided that the business complies with applicable laws and regulations related to sports betting and gambling. The California Gambling Control Act regulates certain forms... View More

1 Answer | Asked in Gaming for California on
Q: My son played a video game where the advertise prize was a Nintendo Switch. He won but received a used Nintendo Switch,

The prize was clearly used as it was scuffed up and literally had somebody else’s name on the back of it. Is this legal? Do I have rights to reach back out to the Restaurant and request a new Switch as advertised?

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

It would depend on what was promised, I suppose. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Gaming for California on
Q: So i wanted to know if re selling game hacks / in game currency is illegal.

Like for example say you need a activation code for the hack. You don’t buy a hack directly it’s more of a subscription code. Say you buy that from chinese people send them money and to re sell it. Same goes for the in game currency you buy it from them for cheap and re sell it. Would that be... View More

Jingzhan Wang
Jingzhan Wang
answered on Jul 24, 2022

It's illegal in China

1 Answer | Asked in Car Accidents, Gaming and Native American Law for California on
Q: I was at Indian casino parking lot backed out nto a car

that had stopped to wait for a spot my fault? car pointing in opposite direction for flow out parking area. Normally there are no cars behind those spaces. I did look but in blind spot. two scratches. for some reason said lets not report he got estimate for 1000.

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2022

More info might be helpful but sounds like you are at fault

1 Answer | Asked in Gaming for California on
Q: If a CA tribal casino security finds meth in hotel room can they charge as a smoking fee and not report it to cops?

The casino has charged me and my friends more than the deposit of the disclosure charging some people up to $500 for finding meth in the room. Yet they are not reporting it to authority's so its safe to assume they are making these fees up as hush money and not documenting it for auditors. So... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 21, 2021

Yes, they are supposed to report and then the authorities can arrest you and all your friends for possession of a controlled substance, you can be criminally charged and will have to hire attorneys to defend yourselves. You can end up with criminal convictions on your records which will affect... View More

1 Answer | Asked in Gaming and Patents (Intellectual Property) for California on
Q: How do I patent a sports gambling game? Also should I patent the game or the app?

I want to use my game in an app so do i patent the game or the app?

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 21, 2021

It may be easier to patent the app, you'd likely want to get intellectual property rights to both the app and the game.

You really need to hire a patent attorney to go over the specifics with you.

1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Are name variations of already existing companies legal?

I had an idea for a company that similarly operates in the same way as AirBnB. But it relates to Dungeons & Dragons, called AirD&D. The basic premise of the company would be that people could post locations that can be rented out for single or ongoing campaigns or game sessions that are... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 30, 2021

Maybe, depends

You need to have a consultation with an attorney

In general if the marks are in related areas, there may be a conflict

1 Answer | Asked in Criminal Law and Gaming for California on
Q: I am an advocate for a man who does not hear and is not able to speak. He works in strawberries and has raised a family.

He bought a lottery ticket and was paid $1,000. The rest was later collected by another person. The prize was $1,000,000.00. The lottery says that they have a time limit. How do we go after the person who collected on the ticket?

Dale S. Gribow
Dale S. Gribow
answered on Jun 3, 2021

more info needed.

why would someone who won $1M wait a long time to collect? does he have a good reason?

you need to find him, make a demand, have proof, and then sue.

however, many lawyers would not take the case on a contingency if they don't feel there is a...
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1 Answer | Asked in Native American Law, Personal Injury and Gaming for California on
Q: Chemical burns at Indian casino..how should I proceed?

I was recently can really meet at a California Indian casino when I suffered chemical burns on the back of my legs due to sitting down on a chair that had been treated with the chemicals that they spray to disinfect against Covid. This caused me severe pain and swelling and caused me to go into... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 28, 2021

more info needed.

you may have a case but the complicating factor is you need not only a PI lawyer but one with experience suing Indian tribes

google for local PI lawyers to see if they have this kind of experience.

1 Answer | Asked in Gaming for California on
Q: I am playing a game in mobile and spent about almost 60K and being treated unfairly.

I know it’s unconventional but I am paying real big money to a mobile game that is ignoring mine and other players complaints and almost only updating their spending events instead of fixing game issues. I would like to know if there’s a case for me to file against them since I paid a lot of... View More

Robert P. Cogan
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answered on Mar 10, 2021

It is impossible to know if there is a case without the facts. Was there any paperwork? When and where did all this happen? If you paid $60,000 it might be penny wise and pound foolish to avoid contacting a lawyer. Many lawyers give an initial, no-obligation consultation.

1 Answer | Asked in Gaming for California on
Q: Can I sue an app that I have used money on and have gotten nothing in return even though “I’ve won”

I have played 2 separate apps where I have spent money and have not received anything. I have emailed constantly and gotten no response. But I have picture proof I have paid for shipping on one prize that I never got still showing as processing after like 6 months and the other I “won” $100 and... View More

Maurice Mandel II
Maurice Mandel II
answered on Jan 25, 2021

Does the word "SCAM" mean anything to you? In order to sue them you have to find them, in this reality, not in the virtual world. You have to haul them into court in the real world. Once you do that, sue them. Meanwhile, stop gambling with real world money on the internet. Oh, BTW-... View More

1 Answer | Asked in Gaming for California on
Q: is it legal to bet on a gambling we another person's behalf providing they have given their permission for you to do so
Maurice Mandel II
Maurice Mandel II
answered on Sep 15, 2020

Maybe. Your question lacks a certain clarity.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law, Business Law, Entertainment / Sports and Gaming for California on
Q: What's a precedent r/t purchasing in-game items, when $ spent and devs remove items and replace w inferior items?

I purchased an in-game package. After purchasing, developers removed all items purchased and replaced with inferior items, saying original pack was erroneously released. I would not have spent money at all on the inferior items they replaced my purchase with. They have a strict "All sales are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

Sorry your product did not meet your expectations. This is a consumer/contract law question and the supplier failed to provide the product you contracted for. It sounds like you bought this online, so you must have paid with a CC. You should contact your CC company and create a dispute over the... View More

1 Answer | Asked in Gaming, Consumer Law and Criminal Law for California on
Q: If someone sells a fake cheat program (say, for a video game) to a cheater, could they technically sue for false advert?

I was watching a YouTube video where a programmer created a cheat software, but instead of it helping the player cheat, it actually punishes the cheater instead. (I'll post the link below, if you're curious about watching it. Pretty entertaining if you play PUBG)

Someone in the... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 21, 2020

more info needed.

however, anyone can sue for anything at any time.

the issue will be that a lawyer is not going to take a civil case like this on a contingency.

if you can get the police involved then they can investigate and the DA could prosecute.

1 Answer | Asked in Consumer Law, Entertainment / Sports and Gaming for California on
Q: Suing a game for fraud or getting back my payments!

Hello! I have played a game(Brutal Age) from 2019-01-31 And have spent $45647 on this game!

This game is simply not as advertised. The first 6 to 10 months were great imo. Been down hill for a while now. I’ve found that Chinese players cheated on this game and buy packs 0.1% what normal... View More

Jingzhan Wang
Jingzhan Wang
answered on Dec 23, 2019

who is the developer of the game? where it's located?

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