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California Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: 1. Do I need permission to use PEPSI logo in a parody?

POOPSI with the PEPSI logo 2. Can I copyright my parody so no one can steal idea

James L. Arrasmith
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answered on May 14, 2024

I will do my best to provide helpful information while being careful not to reproduce any copyrighted material. Here are a few key points regarding your questions:

1. Using a trademarked logo like Pepsi's in a parody is considered fair use in many cases, meaning you likely don't...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: What do I do with this information?Referenced CitedU.S. Patent Documents11287037

102016015728 October 2017 DE

2916045

Other references

Translation of International Search Report for Application No. PCT/EP2021/053075 dated Apr. 16, 2021 (2 pages).

Patent History

Patent number: 11920679

Type: Grant

Filed: Feb 9, 2021... View More

Robert P. Cogan
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answered on May 8, 2024

It appears that you have filed a patent application on your own and have received an Official Action that rejects some or all of your claims.

As a matter of statistics, inventors in this situation cannot get meaningful protection without the help of a patent attorney. However, I have no...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: I run a small business and have a few questions regarding what I can and cannot include in my designs

1) I want to create a few original designs inspired by Harry Styles' recent world tour called Love on Tour. Of course I would never use his name in the designs or advertisement, but is this illegal? Love on Tour itself is not trademarked as far as I have seen, but will I run into problems?... View More

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answered on May 6, 2024

I can provide some general guidance on your questions, but please keep in mind that intellectual property law can be complex and fact-specific, so you may want to consult an attorney for definitive advice tailored to your specific situation.

1. Using elements inspired by an artist's...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I create similar a looking characters from a known IP, could I create a private Patreon for example to get paid

For example, Lets say League of Legends has a character who has red hair and is dressed as a pirate. If I make a similar character and post graphic content around that (privately). Could they take legal action against me? What if I don't mention the characters name?

James L. Arrasmith
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answered on May 6, 2024

This is a complex legal question that involves intellectual property (IP) law, specifically copyright and trademark issues. Let me break this down:

1. Copyright: Characters can be protected by copyright if they are sufficiently unique and well-developed. This means that creating a very...
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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Copyright status of the book The Eppleton Hall by Scott Newhall, 1971, copyrighted Howell-North books now defunct

This book was published once, about the voyage of the tugboat Eppleton Hall. This boat is in the collection of San Francisco Maritime NHP, and we have very few copies. The price of the book went way up after a YouTube video about the boat was posted. We'd like to make an electronic copy for... View More

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answered on Apr 30, 2024

To determine the copyright status of the book "The Eppleton Hall" by Scott Newhall, published in 1971 by Howell-North Books, we need to consider the following factors:

1. Copyright term: Under the Copyright Act of 1976, which took effect on January 1, 1978, the copyright term for...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Copyright Law - Did I break the law and have to pay for it?

During the contract period with the architect I hired, I captured a portion of the floor plan she designed in a photograph. I then created three different options by placing multiple squares over some spaces in the photo, each in different positions, and posted a question on a community website... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information provided, it's difficult to determine with certainty whether your actions constituted copyright infringement. However, there are a few key points to consider:

1. Copyright ownership: Generally, the creator of an original work, such as an architectural design,...
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1 Answer | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: If I am using Dali Llama Yoga for a business name, would there be an issue or conflict with the person Dalai Lama?
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answered on Apr 12, 2024

There could potentially be some issues with using "Dali Llama Yoga" as a business name in California. While the spelling is slightly different, the name is very similar to the Dalai Lama, the religious leader of Tibetan Buddhism. This similarity could lead to a few potential legal... View More

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

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answered on Apr 6, 2024

In most cases, simply showing the title and author of a book in a film without using the cover art would be considered fair use and not require permission from the copyright holder. This is because you are not reproducing a substantial portion of the copyrighted work.

However, there are a...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Want to set up an enthusiasts website for a car brand. I have the .org website. They have .com. Can they take it off me

The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.

James L. Arrasmith
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answered on Apr 4, 2024

The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.

Some key points:

1. Trademarks protect...
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Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

1 Answer | Asked in Consumer Law, Business Law, Trademark and Intellectual Property for California on
Q: Hi, My name is Jacqueline and starting a skin care brand called Jacques Skin.

I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More

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answered on Apr 4, 2024

Hi Jacqueline,

I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.

Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related...
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1 Answer | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: Should I sign a combined declaration and assignment if I have not seen the patent application?

My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, there are a few important considerations:

1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If an infringement claim is approved, do you need to pay a security deposit before the awarded amount get release?

I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More

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answered on Mar 29, 2024

The request for a security deposit as described in your situation raises some red flags. In the context of U.S. trademark law and the processes followed by the United States Patent and Trademark Office (USPTO), there's typically no requirement to pay a security deposit to release an awarded... View More

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1 Answer | Asked in Gaming and Intellectual Property for California on
Q: I am in possession of an unreleased video game and I was wondering if I would be open to any legal risk if I sold it.

The game based on a canceled, then revived TV show. I left the company when they filed for chapter 11 bankruptcy in 2012. The game has never been released to my knowledge and I was wondering if I would be open to any legal risk if I sold my copy on Ebay.

Thank you

James L. Arrasmith
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answered on Mar 27, 2024

Selling unreleased intellectual property can pose significant legal risks, particularly if the material is protected by copyright or trade secrets. Even if the company has filed for bankruptcy, the rights to the video game may have been transferred to another entity or could be part of the... View More

2 Answers | Asked in Employment Law and Intellectual Property for California on
Q: Can you work on a software idea in the same space as the software your company sells and still retain full ownership?

I'm considering developing a software plugin that operates in the same space as my employer's software but has distinct functions. It would be part of a pipeline step for deployment or pull requests and could run before or after my employer's software, offering different... View More

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answered on Mar 26, 2024

In California, the law generally favors employees in disputes over intellectual property, especially if the work is created on your own time without using company resources. However, specific employment agreements and non-compete clauses could impact your situation. You should carefully review your... View More

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: can this trademark be used in another application?

We manufacture diamond cutting tools and would like to use the term xtreme cut in our branding for a product line.

a quick search shows the term as abandoned by a tool cutting fluid manufacturer. But a search for them shows the current use of the term on their products.

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answered on Mar 23, 2024

In the realm of trademarks, the status "abandoned" can often be misleading. If a term is marked as abandoned, it means that at some point, the official registration process was not completed or maintained. However, this does not necessarily mean that the term is free for use by others,... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: If a patent is showing as “abandoned” is the product free and clear?

If there are multiple companies producing a product currently and all I can really find is abandoned status patents is it free and clear? What if other companies are claiming patented on websites but I can not find??

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answered on Mar 13, 2024

In the United States, including California, if a patent is listed as "abandoned," it means that the patent application process was not completed, or the patent holder failed to pay the required maintenance fees. As a result, the invention is no longer protected by patent rights and enters... View More

1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for California on
Q: Chinese company wants to use my registered business name and internet search words- whether I allow or not

I have been receiving letters from Chinese registry asking if they may use my company's registered name for their client, just with other than .com extension. I have answered that I only keep the xxxxx.com name, which has been registered after my company since 2002, only with other than .com... View More

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answered on Mar 13, 2024

You have certain rights to protect your registered business name and intellectual property. Here are some options you can consider:

1. Trademark protection: If you have registered your business name as a trademark with the United States Patent and Trademark Office (USPTO), you have legal...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can we use NWWA as our rap group name that we're creating.

The problem is that there's a group called NWA, so that's the thing worrying us.

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answered on Mar 8, 2024

Using "NWWA" as your rap group's name when there is already a well-known group called "NWA" does present potential concerns. The proximity in name could lead to confusion or comparisons, potentially affecting how your group is perceived. It's important to consider how... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: can I use the technology behind the vertimax machine, the pully system, but construct it a different way?
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answered on Mar 8, 2024

In California, as in many other jurisdictions, using the technology behind a product like the VertiMax machine, specifically the pulley system, and constructing it in a different way requires careful consideration of patent laws. If the technology or any of its critical components are patented,... View More

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