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California Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I donate my original Grinch wreath to a thrift shop?

I created a Grinch-themed wreath using red and green pompoms with an original Grinch face design at the center. I plan to donate this wreath to a thrift shop in California. Is this legally permissible?

James L. Arrasmith
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answered on Nov 12, 2025

Yes, you can donate your Grinch-themed wreath to a thrift shop, as long as you created the design yourself. Because your wreath features an original Grinch face that you drew or crafted, it is considered your own artistic work. Simply donating it does not infringe on copyright laws, as long as you... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Can I replicate Jabra headset microphones for resale?

I am a repair technician for a tech refurbishing company in California, and I am looking to replicate microphones specifically for the Jabra Evolve2 40 and Jabra Evolve2 75 headsets. These microphones are high points of failure, and there are no options available to purchase replacement parts. My... View More

James L. Arrasmith
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answered on Nov 8, 2025

Replicating Jabra headset microphones for resale can raise potential intellectual property issues, even if you cannot locate specific patents online. Many headset components, including microphone assemblies, are often protected under design patents, utility patents, or trade dress laws that cover... View More

1 Answer | Asked in Trademark, Internet Law, Business Law and Intellectual Property for California on
Q: Can we use "think inside the box" if trademarked by another industry?

I run an IT packaging company based in California, and I am planning a social media campaign that will be visible across the U.S. We are considering using the phrase "think inside the box," which is trademarked by a company in the personal item boxing, shipping, and storage industry.... View More

James L. Arrasmith
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answered on Nov 7, 2025

Using a trademarked phrase like “think inside the box” can be tricky, even if your business operates in a different industry. Trademark law mainly focuses on whether the use of a mark could cause confusion among consumers about the source of goods or services. If your IT packaging company’s... View More

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Can I use "Better Living" as a tagline for a PEMF Infrared mat?

I am planning to use "Better Living" as a tagline for a PEMF Infrared mat product. I discovered that "Better Living" was previously trademarked but has since been canceled. It's possible that it might still be in use under common law. Can I still proceed with using this... View More

James L. Arrasmith
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answered on Nov 4, 2025

A canceled federal registration does not give you a free pass; it only means no current federal registration exists for that exact mark. Because “Better Living” is a laudatory phrase for wellness goods, you face two kinds of risk: residual common‑law rights by prior users and a “failure to... View More

1 Answer | Asked in Libel & Slander, International Law, Copyright, Personal Injury and Intellectual Property for California on
Q: How can I defend myself against defamation and copyright claims in a cease and desist?

I am an international student in Romania dealing with a defamation issue associated with a cease and desist letter. The letter contains false accusations suggesting that I intentionally changed my domain to evade copyright laws, which isn't true as the decision was economically motivated due... View More

James L. Arrasmith
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answered on Nov 3, 2025

When you receive a cease and desist letter with false or exaggerated claims, the first step is to stay calm and avoid responding impulsively. A cease and desist is not a lawsuit—it is a demand letter meant to intimidate or warn you before legal action. Review the claims carefully and save copies... View More

1 Answer | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for California on
Q: Can I use book cover photos online for my educational magazine?

I have an educational magazine, and I plan to make the PDF version available online. There's a book club section in the magazine where I feature four books each month, including commentary on each book and why I chose them to support readers' educational journeys. Can I use photos of the... View More

James L. Arrasmith
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answered on Oct 31, 2025

Yes, you can usually use book cover images in your magazine under the principle of fair use, especially when they are used for commentary, review, or educational purposes. Fair use allows limited use of copyrighted materials without permission when the purpose is transformative—meaning you’re... View More

2 Answers | Asked in Patents (Intellectual Property), Civil Litigation and Intellectual Property for California on
Q: What to do if a company patents my invention?

In 2015, I invented a technology and began patent procedures, which are still pending. I also published multiple articles in 2016 and 2017. Recently, I found out that a company in California lodged patents in 2022 and 2023 on this invention, which closely replicates my work. I have had no... View More

Sarah Teresa Haddad
Sarah Teresa Haddad
answered on Oct 28, 2025

Your potential next steps include challenging the patent, negotiating a license or assignment with the company, or developing improvements to your invention to file a separate patent on.

Challenging the patent will involve either filing an opposition or initiating litigation.... View More

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2 Answers | Asked in Communications Law, Internet Law and Intellectual Property for California on
Q: Is it legal to upload AI-generated educational videos with or without watermark on YouTube?

I'm planning to use Google's NotebookLM to create educational videos from documents or notes and upload them to YouTube. I am wondering about the legal implications of uploading these videos. Would it be okay legally if I upload the videos with the NotebookLM watermark, or if I remove it... View More

Sarah Teresa Haddad
Sarah Teresa Haddad
answered on Oct 27, 2025

It is safer to reference in the videos the original source material that was used as input into Google's Notebook LM to create the AI generated videos, rather than referencing the AI tool used to create the videos (Google Notebook LM).

The reason for this, is that if there is ever a... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: What elements of US Patent #12,221,024 might affect my dog hammock design?

I am designing a dog hammock that fits next to a baby seat, allowing for a dog and a baby to safely share the back seat. I've noticed a product on the market with similarities to mine, and it appears to be covered by US Patent #12,221,024. While my design uses a similar door system, the... View More

James L. Arrasmith
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answered on Oct 24, 2025

Begin with independent claim 1 of U.S. Patent No. 12,221,024, which covers a multi‑panel seat/cargo cover with door‑panel protection and a specified window‑insert attachment. It requires front, middle, and rear panels with seat‑belt openings at or between the middle/rear interface; side... View More

1 Answer | Asked in Intellectual Property, White Collar Crime, Internet Law, Business Law and Criminal Law for California on
Q: Legal guidance on pressing charges for AI app sabotage and infringement

I need legal advice on pressing charges related to sabotage and infringement of my AI app specifically designed for locating missing dogs. After participating in a hackathon, I discovered my app's code was stolen and altered, leading to a rival app incorporating identical features. Major tech... View More

James L. Arrasmith
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answered on Oct 18, 2025

Your facts implicate both civil and criminal pathways; proceed on parallel tracks—preserve evidence and seek injunctive relief while preparing referrals to law enforcement. Feature overlap alone is not actionable; you must prove copying of protectable code or misappropriation of trade secrets... View More

1 Answer | Asked in Intellectual Property and Gov & Administrative Law for California on
Q: Which US jurisdictions are best for biotech licensing regarding IP protection and regulation?

Which US jurisdictions are best for in-licensing and out-licensing for companies in the biotech/life sciences sector, particularly in terms of favorable intellectual property protections and regulatory environments? I am not facing specific challenges or requirements, nor focusing on a particular... View More

James L. Arrasmith
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answered on Oct 13, 2025

For biotech and life sciences companies, some U.S. jurisdictions stand out for strong intellectual property protection and favorable licensing frameworks. **Delaware** is often preferred because of its well-established corporate laws, predictable courts, and experienced judiciary in handling... View More

1 Answer | Asked in Contracts and Intellectual Property for California on
Q: Agreement violation over dance name change from "backslide" to "moonwalk".

I am in a situation involving a formal agreement between Lance Norfleet and Jesse Gistand regarding the use of the name "backslide" for a specific dance we created. This agreement was documented and signed by both parties. Michael Jackson used and renamed the dance as the... View More

James L. Arrasmith
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answered on Oct 10, 2025

You have a private agreement with your co‑creator, which governs rights between the two of you, but it does not bind third parties like Michael Jackson absent privity or assent. A name change by a third party, standing alone, does not create a breach of your contract unless your partner violated... View More

1 Answer | Asked in Internet Law and Intellectual Property for California on
Q: Could selling designs of city names from Google search violate TOS?

I compiled a list of city names from Google search and wish to create and sell typographic designs of these names using software that permits commercial use. In Google's forum, someone suggested I seek legal advice. I've reviewed Google's terms of service... View More

James L. Arrasmith
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answered on Oct 10, 2025

On the facts you describe, you do not violate Google’s Terms of Service by selling typographic designs consisting solely of city names you found via Google. City names are facts and short phrases not protected by copyright, and your designs reflect your own expression rather than Google’s... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I apply a CC license to a non-commercial remake of an electronic track?

Suppose an artist produces a remake entirely from scratch of a well-known electronic track originally created by European artists (from Italy and Belgium) and released through a Belgian record label in the early 1990s.

Now, assume that the artist has explicit written permission from the... View More

James L. Arrasmith
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answered on Oct 8, 2025

Even if you’ve built the remake entirely from scratch, you cannot apply a Creative Commons license to it unless you actually own or control the rights to the underlying composition. Your permission from the original rights holders allows you to **share** the track publicly for non-commercial... View More

1 Answer | Asked in Copyright, Internet Law and Intellectual Property for California on
Q: Is it legal to distribute a track remake under Creative Commons on SoundCloud without owning rights?

Suppose an artist produces a remake of a well-known electronic track originally created by European artists (from Italy and Belgium) and released through a Belgian record label in the early 1990s.

The new version is titled Original Artist — Original Title (Artist Remake) and is shared on... View More

James L. Arrasmith
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answered on Oct 8, 2025

It would not be legal to distribute a remake of a copyrighted song under a Creative Commons license without permission from the rights holders. Even if you create your own version from scratch and do not sample the original recording, the **composition**—which includes the melody, harmony, and... View More

3 Answers | Asked in Business Formation, Contracts, Intellectual Property and Business Law for California on
Q: Created a unique website concept, considering LLC and NDA for investor pitches.

I have created a unique website similar to YouTube but with a different concept. I want to launch it to the public and pitch it to investors, but I'm concerned about protecting my idea from being stolen, especially by major competitors like YouTube or Facebook. I am considering forming an LLC... View More

Pavel Kolmogorov
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answered on Oct 7, 2025

Your idea by itself isn’t protectable. What you can protect are (1) the implementation (code, architecture, algorithms) through copyright, trade secrets, and possibly patents; (2) the brand through trademarks; and (3) your disclosures through well-drafted confidentiality agreements. An LLC helps... View More

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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Will my Class045 trademark "Okira" for social networking be approved given its prior use in Class009 for medical software?

Will my trademark be approved?

For example:

I want to trademark Okira in Class045 for Online social networking services, Online social networking services provided via downloadable applications, Providing on-line computer databases and on-line searchable databases in the field of... View More

James L. Arrasmith
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answered on Oct 6, 2025

Your trademark application for **“Okira”** in **Class 045** could still be approved even though another company already owns the mark in **Class 009**, but it depends on how closely the goods and services are related in the eyes of the **USPTO (U.S. Patent and Trademark Office)**. Trademark... View More

2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Is "pink lemonade" trademarked? Found serial number 79228940.

I am inquiring whether "pink lemonade" is a trademarked term. I found a trademark application with the serial number 79228940, but it hasn't been updated in years. Can you provide information on the trademark status and clarify if "pink lemonade" is currently protected as a trademark?

Felicia Altman
Felicia Altman
answered on Oct 6, 2025

The mark mentioned in your question is cancelled and no longer registered with the USPTO. However, the mark is a brand that is known and therefore it may not be register-able by the USPTO due to it being descriptive.

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1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Is it legal to monetize a game using similar names/titles of famous artists without direct quotes?

I plan to create a monetized game where participants match dialogue that sounds familiar with names of musical bands, comedians, artists, or song titles. Some names are trademarked, and others are not. There is a similar online game that uses synonyms. I will not use direct quotes or actual song... View More

James L. Arrasmith
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answered on Oct 5, 2025

This is not categorically permissible: you face real trademark and publicity risks if you monetize a game that uses look‑alike names or titles meant to evoke famous artists, bands, comedians, or songs. Even without direct quotes, sound‑alike or near‑name references can create a likelihood of... View More

1 Answer | Asked in Intellectual Property and Business Law for California on
Q: Etsy shop listings removal issue with Popmart complaint in California

I've been operating an Etsy shop where I sold keychain miniatures inspired by the popular brand Popmart. A Popmart representative submitted a complaint, leading to the removal of some of my listings. They sent me a message via the platform, not an official letter or email, asking me to take... View More

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answered on Oct 2, 2025

It’s understandable to feel pressured after receiving a message like this, but you are not obligated to provide detailed sales, earnings, or supplier information simply because a company representative asked for it on a marketplace platform. Requests like that often go beyond what’s required to... View More

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