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California Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Civil Litigation and Intellectual Property for California on
Q: Can I sue for copyright infringement if someone copies my book and sells it under a new name in California?

I wrote and published a book and have registered the copyright for it. Recently, I discovered someone else has taken my book, changed the name, but kept the same content. I have evidence that my work was copied. I confronted the person, but they refuse to stop selling my content under the new... View More

Alan Harrison
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answered on Apr 12, 2025

It seems like you may have a business Federal claim for copyright infringement. Also if they are selling through an online platform there may be a way to present your copyright registration to the platform and shut down their sales. Consult a CA attorney who specializes in intellectual property... View More

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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How to verify or expedite trademark transfer status in California?

I am awaiting the transfer of a trademark that the owner requested to be assigned to me. The request was submitted on March 25, but I haven't had communication with the trademark office. I have received confirmation of the new assignment paperwork but haven't contacted anyone there yet.... View More

James L. Arrasmith
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answered on Apr 11, 2025

Waiting without updates can be stressful, especially when legal ownership is involved. Since trademark assignments are handled federally through the **United States Patent and Trademark Office (USPTO)**—not a California state agency—you can start by checking the status directly through the... View More

1 Answer | Asked in Trademark, Business Formation, Intellectual Property and Business Law for California on
Q: Can I use "Bāovéa" for my skincare company, despite similar sounding names?

I'm planning to start a skincare company using the name "Bāovéa" (meaning baobab tree and vital/life) and will trademark it. However, I've found existing companies named "Biovea," primarily in the health products industry, and "Baove," a Chinese company... View More

James L. Arrasmith
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answered on Apr 8, 2025

Using the name "Bāovéa" for your skincare company could present some risks, especially considering the similar names of "Biovea" and "Baove." The key issue here is the potential for confusion between the names. If people believe your products are associated with or... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How to protect a slogan before pitching it to a manufacturer?

I have created a slogan that I believe would be ideal for a major manufacturer, and I plan to pitch it. The slogan has not been shared with anyone, and my research indicates it isn't already in use. I have not created any product or service around this slogan. I am considering registering it... View More

James L. Arrasmith
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answered on Apr 6, 2025

Before pitching your slogan, you should document your creation and establish a clear paper trail. Write down the slogan with the date, your name, and any supporting materials, then mail a copy to yourself using certified mail and don’t open it. This is not a substitute for legal protection, but... View More

3 Answers | Asked in Intellectual Property and Contracts for California on
Q: Can inventions made post-employment be claimed by a company based on a contract clause?

Hello,

I would like to know if my inventions made after leaving my previous company can still be claimed as its property. I signed a work contract that included the clause: “Any intellectual property created or disclosed in the course of work for the Company is proprietary to the Company... View More

Alan Harrison
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answered on Apr 4, 2025

"in the course of work for the Company" may have some significance in that clause. You should consult a licensed attorney in your jurisdiction, as State laws vary on the specific language of employment contracts. California may have laws that I as a Connecticut attorney do not know about.

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2 Answers | Asked in Intellectual Property for California on
Q: Seeking IP lawyer for USPTO reexamination request under 35 U.S.C. § 102(b) due to prior public sale.

I have discovered a U.S. design patent that should be invalid under 35 U.S.C. § 102(b), as the exact product was publicly sold and marketed online more than one year before the patent filing date. I have collected extensive evidence to support this. I'm seeking an intellectual property lawyer... View More

David Aldrich
David Aldrich
answered on Apr 3, 2025

Reexaminations are generally limited to prior art patents and printed publications. So, your ability to proceed would depend on exactly what evidence you have. Your patent attorney should be able to advise you on this or other possible options. Please note that this is an anonymous question and... View More

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2 Answers | Asked in Copyright, Internet Law and Intellectual Property for California on
Q: How can I find out who posted an AI-generated derivative of my copyrighted book on Amazon?

I wrote a book that is registered with the Copyright Office and published through a major publisher. Recently, I discovered that an AI-generated summary/derivative of my book has been posted on Amazon under a fake name, replicating specific terms and passages from my work. I've already... View More

Sarah Teresa Haddad
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answered on Apr 1, 2025

Usually, you have to resolve the issue with the internet service provider or the legal department of the internet service provider who will then contact the person or entity responsible for the post or publication.

A way to further protect your copyright generally on the internet, is to...
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1 Answer | Asked in Trademark, Internet Law and Intellectual Property for California on
Q: Trademark infringement issue on Meta platforms with OP Olym Pianus

I am seeking legal assistance regarding a trademark infringement issue involving my brand, OP Olym Pianus, on Meta platforms such as Facebook and Instagram. The trademark, owned by Ogival AG, is legally registered. Unauthorized third parties are selling counterfeit OP Olym Pianus watches and... View More

James L. Arrasmith
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answered on Mar 31, 2025

Your situation with OP Olym Pianus trademark infringement on Meta platforms requires a more assertive legal approach since internal reporting mechanisms have proven ineffective. Consider sending a formal cease and desist letter to Meta's registered agent for service of process, explicitly... View More

1 Answer | Asked in Internet Law, Identity Theft, Copyright, Consumer Law and Intellectual Property for California on
Q: How to recover a hacked TikTok account and protect identity after notifying TikTok and filing a police report in California?

I am dealing with a situation where someone hacked my TikTok account, altering my email address, phone number, and screen name, while my personal content remains intact. Despite notifying TikTok, their response indicated no violation. I've reached out to their legal team, filed a police... View More

James L. Arrasmith
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answered on Mar 27, 2025

You're facing a frustrating situation with your hacked TikTok account. For the DMCA takedown, you'll need to contact TikTok's designated agent through their official DMCA form or by reaching their registered agent listed in the U.S. Copyright Office directory. Their current agent... View More

1 Answer | Asked in Intellectual Property for California on
Q: Do I need permission from video game companies to use screenshots in a book?

I am writing a video game history book and plan to sell it commercially. I want to include gameplay screenshots in the book. I do not have any agreements or permission from the video game companies. Would I need to obtain such permission from them to use these screenshots in my book?

James L. Arrasmith
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answered on Mar 27, 2025

Using video game screenshots in a commercial book without permission is a complex legal issue that sits at the intersection of copyright law and fair use. While video game companies hold copyright over their games' visual elements, your historical documentation and analysis might qualify for... View More

Q: Are patents created in marriage community property if not disclosed in divorce?

During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 26, 2025

You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.

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3 Answers | Asked in Business Law, Employment Law, Intellectual Property and Contracts for California on
Q: How can I reclaim my intellectual property from a Corporation using it for unjust enrichment?

I am a co-founder of a California C Corporation startup, and I discovered that the company tricked me into working for free without any signed documents or issuance of shares. My business attorney informed me that I should have been paid under California law. The company is ignoring multiple... View More

Pavel Kolmogorov
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answered on Mar 13, 2025

Based on the circumstances described, your situation touches on both employment law and intellectual property (IP) principles.

California law requires employers to pay wages for work performed. If you were tricked into working without pay, you may have a claim under the California Labor...
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1 Answer | Asked in Intellectual Property and Business Law for California on
Q: Can I sell a version of the Dragon Scroll from Kung Fu Panda legally?

I am interested in making, marketing, and selling a high-quality, premium collectible version of the Dragon Scroll from DreamWorks' "Kung Fu Panda." I am uncertain about the legality of this, whether I need to obtain permission from DreamWorks, and how to go about doing so.... View More

James L. Arrasmith
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answered on Mar 13, 2025

If you plan to sell a collectible based on the Dragon Scroll from DreamWorks' "Kung Fu Panda," you'll need permission from DreamWorks. DreamWorks owns the copyright and trademark rights associated with the characters, images, and unique props from the film. Selling replicas... View More

1 Answer | Asked in Contracts, Consumer Law and Intellectual Property for California on
Q: Client hasn't paid location fees but is using images to promote a broadcast channel online. Unsigned location agreement.

I am dealing with a situation where a client has not paid the location fees for a venue used for a party. The client is using visual images of the event online to promote a web and Instagram broadcast channel. There is a location use agreement, but it is not signed by all parties. Attempts to... View More

James L. Arrasmith
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answered on Mar 12, 2025

First, even though the location agreement wasn't signed by all parties, you might still have enforceable rights under implied consent or oral agreement principles. If you have any emails, texts, or communications confirming the venue use terms or fees, these can strengthen your claim. Gather... View More

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Can I use "Pokémon" in marketing a mystery box of PSA-graded cards?

I want to sell a mystery box containing PSA-graded Pokémon cards. Can I legally use the word "Pokémon" in my marketing or packaging without having checked licensing agreements or trademark restrictions?

James L. Arrasmith
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answered on Mar 12, 2025

Using "Pokémon" in your marketing or packaging without permission from the trademark owner can be legally risky. Pokémon is a registered trademark, meaning its use in commercial settings is protected and restricted by law. If you use their name or branding without authorization,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Crossover short with Bugs Bunny, Mickey Mouse & Bosko: Copyright questions

I am planning to create a crossover short featuring Bugs Bunny, Mickey Mouse, and Bosko once Bugs Bunny enters the public domain. I'm interested in understanding the legal considerations I need to be aware of. Specifically, when is Bugs Bunny expected to enter the public domain, and what... View More

James L. Arrasmith
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answered on Feb 18, 2025

The landscape of character copyrights is fascinating, particularly regarding your planned crossover. Bugs Bunny, who first appeared in "Wild Hare" (1940), is expected to enter the public domain in 2036 under current U.S. copyright law, which protects works for 95 years from their first... View More

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

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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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