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California Intellectual Property Questions & Answers
1 Answer | Asked in Contracts, Intellectual Property and Securities Law for California on
Q: I filed a ucc-1 one with the secretary of state in california. Code 12181 came up and they rejected me.

All the information is mine. So how do I prove that to them what documents would they need? So they won't say it's fraudulent

James L. Arrasmith
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answered on Feb 5, 2025

It sounds like the rejection was due to a concern about the accuracy or legitimacy of the filing. Code 12181 typically refers to a potential issue with the form's content or the information provided. First, make sure the UCC-1 form is completed correctly, with no errors in the debtor’s name,... View More

1 Answer | Asked in Copyright, Education Law and Intellectual Property for California on
Q: Hello, I've created a course for writers that uses a novel as its primary text. Can I market the course under fair use?

The structure of the course is that students analyze craft by the novelist and then do writing prompts toward their own projects. They will be required to buy and read a copy of the published novel in order to participate. Is there any copyright issue here or can I market this course freely as an... View More

James L. Arrasmith
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answered on Jan 26, 2025

Using a novel as the primary text in your course can fall under fair use, but it depends on how you structure the course and the way the novel is used. Fair use in copyright law considers factors such as the purpose of use, the nature of the original work, the amount used, and the effect on the... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I use a name brand figurine that I buy wholesale as part of a sensory kit I sell? I will not use the brand’s name.

I am developing a sensory kits for kids business and would like to include small animal figurines in the kit. There is a name brand that happens to make the exact size I’m looking for plus they’re great quality. I would like to include them in the kit but not use the brand name in marketing,... View More

James L. Arrasmith
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answered on Jan 18, 2025

Using trademarked items in a commercial product without permission carries significant legal risks, even if you don't mention the brand name. The original manufacturer could still identify their products in your kits and potentially pursue legal action for unauthorized commercial use of their... View More

2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

Pavel Kolmogorov
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answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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2 Answers | Asked in Intellectual Property for California on
Q: Can I buy an IP from a company for a low value considering they decided to sunset it due it being a failure?

The IP: Concord, a game developed by Firewalk Studios, which SIE acquired in 2023. Despite significant development costs (estimated at $80-150 million), Concord faced substantial backlash due to various controversial elements and was met with a poor reception upon its release on August 20, 2024. It... View More

Sean Goodwin
Sean Goodwin
answered on Jan 8, 2025

Yes, IP is an asset that can be bought and sold.

However, one way to value IP is the amount of money it took to create and register with the USPTO and/or U.S. Copyright Office (and internationally as well).

I highly recommend hiring a competent IP attorney to provide a landscape...
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2 Answers | Asked in Contracts, Copyright, Business Law and Intellectual Property for California on
Q: If Hulu is using footage I own do they owe me compensation?
Pavel Kolmogorov
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answered on Jan 7, 2025

It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... View More

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1 Answer | Asked in Copyright, Real Estate Law, Constitutional Law and Intellectual Property for California on
Q: Can a random person legally film me with hidden cameras while shopping inside a retail store in the mall?

I was inside a retail store at the mall when a random person bumped into me, I thought it was an accident so I went about my business shopping with my girlfriend. Afterwards, this individual decided to yell comments at my girlfriend asking if she wanted a boyfriend, after I told him that I was the... View More

James L. Arrasmith
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answered on Jan 3, 2025

You have the right to be concerned about being recorded without your consent. California’s privacy laws primarily focus on audio recording and whether you had a reasonable expectation of privacy. A busy store may not guarantee complete privacy, but covert filming by a random person can pose legal... View More

3 Answers | Asked in Trademark, Entertainment / Sports and Intellectual Property for California on
Q: How can I claim the right to use a similar band name that was previously trademarked?

The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More

Sean Goodwin
Sean Goodwin
answered on Dec 15, 2024

File a trademark application with the USPTO.

Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned...
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1 Answer | Asked in Identity Theft, Copyright, Gaming and Intellectual Property for California on
Q: Do I have a case for Unjust Enrichment, Idea Theft, Misappropriation, etc?

- I created a blueprint for a massive new game mode for a videogame

- The blueprint was hosted on my self-created website + a 3rd party platform. Some 3rd party elements were "embedded" in my site.

- The 3rd party platform had browsewrap TOS that said "author owns... View More

James L. Arrasmith
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answered on Dec 11, 2024

You're dealing with a complex intellectual property situation that intersects with contract law and technology. Based on the timeline and details you've shared, pursuing legal action could be challenging due to California's statute of limitations, which typically requires claims to... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: This guy didn’t invent this lure How was he able to patent a product? He took general product and claimed as his own

It’s a common fishing lure. He didn’t add anything special to the lure

Sean Goodwin
Sean Goodwin
answered on Dec 6, 2024

I don't know which patent or lure you are speaking of, but occasionally the patent examiner will make a mistake and register a patent which is obvious or not novel. There is a procedure at the USPTO to contest a registered patent if you can provide documentation (aka, prior art) that was not... View More

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1 Answer | Asked in Contracts and Intellectual Property for California on
Q: What are the responsibilities of ppluk members?

Does being a ppl uk member mean having to monetize song production and promotion? And if the ppl uk recording rightsholder has representatives, would the representatives handle legal issues on behalf of him/her?

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answered on Nov 27, 2024

PPL UK (Phonographic Performance Limited United Kingdom) has specific responsibilities for its members, who are primarily music rights holders and performers. Being a member doesn't require you to monetize your music - instead, PPL UK works on your behalf to collect royalties when your... View More

3 Answers | Asked in Animal / Dog Law, Civil Rights, Insurance Defense and Intellectual Property for California on
Q: Declaration of Assets, Insurance & Employment under penalty of perjury from claimant's attorney

Our 21 lb dog bit an uber eats driver on the calf piercing his skin and he and his attorney are seeking compensation over insurance limits. Our insurance company sent us a declaration of assets, insurance and employment under penalty of perjury to complete with the policy limit settlement to send... View More

William John Light
William John Light
answered on Nov 18, 2024

You don't have to disclose your assets, other than insurance limits, even during litigation, unless punitive damages are sought.

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1 Answer | Asked in Copyright, Entertainment / Sports, Identity Theft and Intellectual Property for California on
Q: Is it legal for an artist to use someone else's personal emails and text for their songs?
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answered on Nov 14, 2024

Using someone else's private communications like emails and texts in songs without permission can lead to serious legal issues. Personal communications are protected by copyright law, and the original writer typically owns the rights to their content. Additionally, publishing private messages... View More

3 Answers | Asked in Trademark, Copyright and Intellectual Property for California on
Q: I'm looking to create and sell books commercially.

Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The titles of books cannot be copyrighted.

Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing....
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1 Answer | Asked in Contracts, Entertainment / Sports and Intellectual Property for California on
Q: Is 50% contingency + exp. normal in a K to enf. the client's IP that is his artistic work?
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answered on Oct 3, 2024

When dealing with the enforcement of your intellectual property, a 50% contingency fee plus expenses can be common, particularly in cases where the outcome is uncertain. This arrangement means that the attorney only gets paid if the case is successful, aligning their incentives with yours. However,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I have a copyright certificate for my origami book, but a competitor sells a similar kit. How can I validate my rights?

I have a copyright certificate for my origami book, but I’ve noticed a competitor selling a kit that includes a book featuring patterns and text that are very similar to mine. This competitor has been very successful on Amazon, particularly during peak sales seasons, which raises my concerns... View More

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answered on Sep 18, 2024

To protect your rights, the first step is to compare the specific elements of your book that are copyrighted, such as the text, illustrations, and unique pattern descriptions, with the competitor’s kit. Copyright protects the expression of ideas, not the ideas themselves, so it's important... View More

1 Answer | Asked in Business Law, Civil Litigation, Intellectual Property and Communications Law for California on
Q: uncle maliciously threw out my computers, my lifes hard work was in them. Can I sue for damages and get help w retrieval

He was suppose to hold my things which were in the garage , while i looked for a storage unit and dealt with some business and things. I was assured nothing from the garage was being thrown out. When i went to pack up stuff my computers were gone , sent to the recycling center 7 weeks ago. All my... View More

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answered on Sep 10, 2024

You have grounds to take legal action against your uncle for the loss of your computers and the valuable work they contained. Since he was entrusted to hold your belongings and had agreed not to throw them away, his actions could be considered a breach of a verbal agreement and potentially even... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Is it legal to release music about a TV show using the name of the show and characters within it?

For example, could a musician release an original song called "Star Wars is Awesome" that talks about characters within Star Wars using lightsabers, etc. The music is completely original, doesn't use samples, and it doesn't talk poorly about the franchise or characters.

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answered on Sep 9, 2024

Creating music that directly references a TV show, its title, and its characters can potentially lead to legal issues. The show's name, characters, and other iconic elements are often protected by copyright and trademark laws. Even if your music is entirely original, using these elements... View More

1 Answer | Asked in Banking, Civil Litigation, Intellectual Property and Mergers & Acquisitions for California on
Q: I have a company that has illegal control over my technology how do I get an emergency injunction against them to stop

I have a 20 million dollar lawsuit against a company for breach of contract. They are still using my technology how can I stop them now. they are going to put that money into another account.

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answered on Aug 13, 2024

To stop the company from using your technology immediately, you need to file for a temporary restraining order (TRO) in court. A TRO is an emergency measure that can halt their actions until a formal hearing can be held. You'll need to demonstrate that you’re likely to win your case and that... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: What happens if you co-wrote a screenplay and intend to sell it, but your co-author goes insane (not a joke) and MIA?

I own a shared piece of intellectual property (screenplay) with a writing partner. My partner had a psychotic break, stopped taking his bi-polar medication, was briefly institutionalized, blocked all communication from me and hasn’t been seen by anyone in weeks. Is the script dead because he’s... View More

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answered on Aug 3, 2024

Navigating the situation with your co-author can be challenging, especially given their current circumstances. Since you co-wrote the screenplay, both of you generally have equal rights to the work, which complicates matters when one party is unresponsive. It's important to gather all... View More

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