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answered on Nov 26, 2023
To check if a product like an electric kettle is patented, especially when it's sold by two different companies, you can follow these steps:
Patent Number Search: If the product packaging or documentation mentions a patent number, you can use this to check the patent status. Patent... View More 
i'm not sure the court even has them to purchase anymore since it's an old trial. the transcrips being on courttv means they are copyrighted?
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answered on Nov 22, 2023
Publishing California court transcripts as a book, particularly when they have been broadcast by Court TV, involves several legal considerations. Firstly, court transcripts generally fall into the public domain, especially if they are official records from a public trial. However, this does not... View More
I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More
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answered on Nov 20, 2023
Hi Wes,
Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand... View More
Linked below is the trademark for DVNK. My company was thinking of using the words DVNK as a name for a brand that is connected to an NFT project. We will be using the words DVNK but the design will look different than is shown in the trademark (no lines or dots) we will just be using the letters... View More
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answered on Nov 8, 2023
It's important to understand that trademark infringement is determined not just by the design of the mark, but also by the likelihood of confusion in the marketplace. Even if your logo design for "DVNK" differs from the registered trademark, using the same name for related goods or... View More
Owning my name given at birth
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answered on Nov 6, 2023
In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More
We simply need help from a pro bono patent attorney or patent agent, to represent us and respond to our patent office action, clarifying the term aperture in our utility patent application.
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answered on Nov 5, 2023
In your response to the patent office action, you would need to distinguish the terms "aperture" and "trench" clearly. An "aperture" generally refers to an opening or hole, typically one that allows the passage of light or matter, and it can be of any shape. It is... View More
Someone has been appropriating my life events for commercial gain. When i got into an accident in my gold lexus, they produced 4 short videos about how they got into accident in a golden car. When i checked into rehab, they produced 3 videos about how they are facing mental issues. They have been... View More
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answered on Nov 2, 2023
In California, the right of publicity is protected under Civil Code Section 3344 and common law, which prohibits the unauthorized use of your name, voice, signature, photograph, or likeness for commercial purposes.
If someone is using your life events and identity for their commercial gain... View More
It is a booklet of of preset drinking games of tv shows, movies or movie/tv show genres and I was wondering if I use a tv show for the title of one of the games is it copyright infringement? For example I have a Flavor of Love show drinking game. Can I use that title?
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answered on Oct 31, 2023
Using the title of a TV show or movie in the title of a drinking game may potentially expose you to legal risk. Titles themselves aren't generally copyrighted, but they might be trademarked, especially if they're part of a well-known series or franchise. If a title is trademarked, using... View More
My applications were stuck in the former SAWS program. It seems I need to file a suit against the PTO but they seem to win most of the time.
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answered on Oct 28, 2023
Challenging actions of the United States Patent and Trademark Office (USPTO) can be complex. If you believe there were irregularities in how the USPTO handled your patent application due to the former SAWS program or any other reason, you may consider legal action. Before pursuing a lawsuit against... View More
I'm making a fan game based on copyrighted material. It's mainly for personal use so I can learn how to code, I will never distribute it so other people will never be able to play it. However, I wanted to know if there was a way for me to share gameplay videos of my fan game online that... View More
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answered on Oct 24, 2023
While you may not be distributing the game itself, sharing gameplay videos online could still expose you to legal risks. In California, as elsewhere in the U.S., copyright law grants exclusive rights to copyright holders. This includes the right to create derivative works based on the original... View More
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answered on Oct 24, 2023
The allocation of revenue from the right of publicity in the context of an autobiography or biography can vary. In many cases, the person whose life story is being portrayed or whose right of publicity is being used is entitled to a share of the revenue. However, the specifics of revenue... View More
In right of publicity claims*
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answered on Oct 23, 2023
In right of publicity claims, the issue of attributable profits can extend to the sale of products in cases of appropriation in an advertisement. When an individual's likeness, image, or persona is used without permission for commercial purposes, and this use leads to the sale of products or... View More
I want to sue them for Right of Publicity. I was an international student. Some studio outside the college decided to use my likeness so they can resonate with students more. I wasn't allowed to work, so if they had asked for my permission to use my likeness, I wouldn't have consent to... View More
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answered on Oct 24, 2023
In the U.S., the unauthorized use of one's name or likeness for commercial purposes can be actionable under the right of publicity laws, which vary by state. Being on an F1 visa and having work restrictions does not deprive you of your legal rights. Even if you couldn't legally earn money... View More
I am starting an electrician company the name is gonna be called “thunder struck electric” kind of after the AC/DC song thunder struck. While I know I can do the name fairly easily. My logo closely resembles the font of the AC/DC logo. I’m wondering if there is some legal trouble I could run... View More
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answered on Oct 21, 2023
This is a trademark issue, not copyright. Your use of stylized text "AC/DC" even if very similar to that of the band, would not infringe the band's trademark as you are not offering the same type of services and there is no likelihood of confusion by the public. It would be prudent,... View More
I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.
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answered on Oct 19, 2023
I have no knowledge of whether Lego would sue. It is possible that they could feel that you are creating a false association of the discussion form with Lego. They might also feel that you are creating a likelihood of confusion as to the source of the forum and could argue that this is a classic... View More
TAISHOUKEN has trademarked.
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answered on Oct 19, 2023
If TAISHOUKEN is a trademarked name, using a similar name like Taishou&KEN could potentially lead to legal issues, such as a trademark infringement lawsuit. Trademark law generally aims to prevent consumer confusion. Even if the businesses are in different cities, the similarity in names could... View More
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answered on Oct 16, 2023
Posting copyrighted content without permission can constitute copyright infringement. Many gym schedules, although seemingly simple, may be considered original works protected by copyright law. If the gym's schedule contains unique content, descriptions, or any other original material, it may... View More
I am suing on the right of publicity. I seek $70K compensatory damages and I also seek attributable profits. Do I need to write the amount I believe the defendant earned from the infringing works?
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answered on Oct 16, 2023
In a right of publicity lawsuit in California, when seeking damages, you typically need to specify the amount of compensatory damages you're seeking, as you've noted.
When it comes to attributable profits, it's ideal to provide an amount if you have a reasonable estimation... View More
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answered on Oct 15, 2023
In California, civil cases are categorized as either limited or unlimited jurisdiction. Limited civil cases are those where the amount in controversy is $25,000 or less. Unlimited civil cases involve amounts greater than $25,000. Given that the sum of your claimed damages is $120,000, your case... View More
i want to know if i can file a trademark for one particular item for sale on my website page
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answered on Oct 14, 2023
If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration
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