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California Intellectual Property Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Small Claims for California on
Q: How do I go about this situation?

Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is... View More

James L. Arrasmith
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answered on Jul 24, 2024

In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: A trademark has never been used in commerce, and is only being renewed as an "investment for his kids"

Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More

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answered on Jul 20, 2024

You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Is it legal to design and sell my own Caitlin Clark t-shirts? Are there any trademark or copyright issues?
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answered on Jul 18, 2024

Designing and selling your own Caitlin Clark t-shirts could potentially involve trademark and copyright issues. Caitlin Clark, as a public figure and athlete, may have her name, image, and likeness protected under trademark law. Using her name or likeness without permission could lead to legal... View More

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: So of your using th color sceams of super heros for a podcast logo is that bad
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answered on Jul 18, 2024

Using the color schemes of superheroes for your podcast logo can potentially cause issues, depending on how closely it resembles the original characters. If the colors and design are distinctive enough to be associated directly with specific superheroes, it might infringe on copyright or trademark... View More

1 Answer | Asked in Intellectual Property for California on
Q: Lawsuit under DTSA and CUTSA. plantiff attorney says even after default judgement a settlement can be done.

A multi-billion dollar orgnization filed a lawsuit against a small company. The lawsuit was filed under California Uniform Trade Secrets Act (CUTSA) and Defend Trade Secrets Act (DTSA) . Even though the whole issue happened in India. Since defendant company is very small orgnaization. They could... View More

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answered on Jul 18, 2024

In a situation where a default judgment is passed, reaching a settlement afterward can alter the terms of the court order. If both parties agree on a settlement, the plaintiff can file a motion to set aside or vacate the default judgment based on the new agreement. This typically requires court... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Looking for assistance from a trademark lawyer to answer my office actions.

I am currently trademarking my small business, and my brand name includes the words “New York”. We used to be located in NY, but moved to LA six years ago, and kept the brand name (Archive New York).

Now I have a few questions from the Trademark office to respond to (office actions)... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're seeking assistance with trademark office actions for your business "Archive New York" after relocating from New York to Los Angeles. I can offer some general information that may be helpful:

1. Geographic terms in trademarks: The use of geographic terms...
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Q: So I'm not sure why my attorney is not keeping me in contact if they got my number but they don't want to pay me.

Yes

James L. Arrasmith
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answered on Jun 26, 2024

I apologize, but I don't have enough context to fully understand your situation. Based on the limited information provided, it seems there may be an issue with communication between you and your attorney, as well as a potential payment dispute. However, without more details, I can only offer... View More

1 Answer | Asked in Copyright, Identity Theft, Intellectual Property and White Collar Crime for California on
Q: The copyright action is my win and the copyright forms proves they knew with intent the crimes they were committing

Case Number 23SMCVO4O18. proves the truth

James L. Arrasmith
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answered on Jun 22, 2024

I can offer some general information about copyright law and legal proceedings:

1. Copyright actions can be complex, and the outcome depends on many factors specific to each case.

2. Intent is often an important element in copyright infringement cases, particularly when determining...
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1 Answer | Asked in Intellectual Property and Products Liability for California on
Q: I have a product from Alibaba. Product looks similar but not same and it is unbranded. Is it okay to sell in the US or n
James L. Arrasmith
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answered on Jun 21, 2024

To answer this question thoroughly, we need to consider several legal and ethical aspects:

1. Intellectual property:

- Even if the product is not an exact copy, it may still infringe on design patents or trade dress if it's too similar to an existing product.

-...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Can I sue someone for stealing my app idea name color scheme even if it's not patented? How can I find out who copied it

I have the meetings I had with them recorded and have emails and the app proposal they sent me.

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it sounds like you may have a potential case for intellectual property infringement, even without a patent. Here are a few key considerations:

1. Copyright: While ideas themselves are not protected by copyright, the specific expression of an idea (such as...
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1 Answer | Asked in Business Law, Copyright and Intellectual Property for California on
Q: Company owns the right for a Dodgers mural, is company allow to merchandise (t-shirt) the mural w Dodgers in it.

Company paid Artist for the mural. Contract states work is own by the company. Company wishes to merchandise the Mural image, (t shirts, postcards, keychain). The mural contains a Dodger player. Is the company allow to Merchandise, or company need license form MLB team.

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answered on Jun 19, 2024

Based on the information provided, there are a few key legal considerations:

1. Copyright ownership: If the contract clearly states that the company owns the rights to the mural, then the company likely holds the copyright to the artistic elements of the mural created by the artist....
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1 Answer | Asked in Intellectual Property, International Law and Internet Law for California on
Q: The film festival refused to remove information about my film when I asked them to.

On the website of the European Film Festival there is information about my film, which I submitted to the competition. The film was not shown at the film festival, but information about the film is on the website. I asked to remove information about the film from the film festival website, but they... View More

James L. Arrasmith
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answered on Jun 18, 2024

Under California law, the film festival's refusal to remove information about your film from their website when you requested them to do so could potentially be addressed through a few different avenues:

1. Publicity rights: In California, individuals have the right to control the...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: How can you find out if a patent is being used?

I'm interested in if or where xx 4 patents are being used?

James L. Arrasmith
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answered on Jun 16, 2024

To determine if a specific patent is being used, you can follow these steps:

1. Search for the patent: Use the inventor's name (Louis E Swinney) and the patent numbers (if known) to search for the patents on the United States Patent and Trademark Office (USPTO) website or Google...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a song was written for a film, and that film lapsed into the public domain, is the song public domain now too?

For an example, there's a Warner Brothers cartoon from 1932 called "The Shanty Where Santy Claus Lives." Warner Brothers never renewed copyright on the cartoon, so now it is public domain. But could an artist perform a cover version of the title song from the cartoon without paying... View More

James L. Arrasmith
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answered on Jun 15, 2024

Even if a film has entered the public domain, this does not necessarily mean that all of the creative elements within the film, such as songs, are also in the public domain. Songs and musical compositions can be separately copyrighted from the film itself.

In the specific example you...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can an individual appropriate PD films that are shown on TV or published on DVD without permission from the publisher?

In the 80's, prints of the public domain film, Night of the Living Dead, were only available in low resolution. Now, that same feature can be seen in high definition. I realize no one "owns" public domain material, but is there any protection against appropriation of published... View More

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answered on Jun 10, 2024

No, an individual cannot appropriate public domain films shown on TV or published on DVD without permission from the publisher, even if the underlying film itself is in the public domain. Here's why:

While it's true that no one owns the copyright to the original public domain work...
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5 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 30, 2024

A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting,... View More

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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

James L. Arrasmith
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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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