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California Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Is there any copyright infringement for summarization of newsletter texts with AI tools?

I’m working on a startup idea that focuses on summarizing specialized newsletters content and send it to them via email. In the summary, there will be link to the newsletter full content.

James L. Arrasmith
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answered on Feb 21, 2024

Here are a few key considerations around potential copyright infringement for summarizing newsletter content using AI tools:

- Newsletters are typically copyrighted content, so reproducing substantive portions of the text without permission could constitute copyright infringement. However,...
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1 Answer | Asked in Intellectual Property and Trademark for California on
Q: I want to TM my stream name in the US but someone else in Canada has it, if I TM can the Canadian still make money in US

If I own the TM of the stream name in the US, can other streamers in other countries make money off the same stream name off US viewers?

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answered on Feb 6, 2024

If you successfully trademark your stream name in the United States, it provides you with legal protection within the U.S. This means that others in the U.S. cannot use the same stream name for their streams or related activities without your permission. However, trademark rights are generally... View More

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: TM dispute — opposition has a Canadian lawyer w/no US license. He’s a pain. Can I ignore until she gets a US lawyer?

I’m the originator of the concept, she’s the thief. Her lawyer even acknowledged I’m the rightful creator, but that she’s going to steal it anyway. (He is not the brightest.) I’ve spent thousands on a brilliant, qualified, California attorney to respond to this guy’s rants, and he... View More

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answered on Feb 1, 2024

In the United States, practicing law without a valid license is prohibited, and lawyers must be licensed in the specific jurisdiction where they are representing clients. If the Canadian lawyer does not have a U.S. license and is involved in a California case, it may raise concerns about their... View More

1 Answer | Asked in Contracts, Copyright and Intellectual Property for California on
Q: I need help sub-licensing the media rights from my athletic career from 2001-2007 when I competed and became a champion

1st competed in licensed boxing (WBO, WBC, & IBF), then competed in kickboxing (K-tournament), then set record in NBA summer leauge (Lakers - 120 points), also competed in NFL as a saftey (Raiders). I filed a copyright of a written recollection of this time and am waiting for return correspondence.

James L. Arrasmith
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answered on Jan 31, 2024

To sub-license the media rights from your athletic career, it's essential to first understand the ownership and control of these rights. For your time in licensed boxing (WBO, WBC, & IBF), kickboxing (K-tournament), the NBA Summer League with the Lakers, and the NFL with the Raiders, the... View More

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can someone explain this to me? I want to ensure the video footage of me is only used for the one project.

Talent/Model Release

For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows: I hereby give and forever grant to ______________, licensees and producers or publishers of its promotional materials and their successors and assigns,... View More

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answered on Jan 21, 2024

Under California law, the language in this talent/model release grants extensive rights to the party you're signing with. By agreeing to these terms, you're permitting them to use, publish, and copyright your image, not only for the specific project named but potentially for broader... View More

2 Answers | Asked in Contracts, Civil Litigation, Intellectual Property, Internet Law and Consumer Law for California on
Q: I'm seeking low cost legal advice about a possible case, that affects many people. consumer/contract/loss

I'm seeking low cost legal advice about a possible case, i don't know what area of law would be applicable.

a game people bought and paid for has been damaged by the IP holder, some people who bought it are unable to play it on the system they redeemed after an update. as in... View More

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answered on Jan 14, 2024

This situation might fall under consumer protection laws, particularly those related to false advertising and breach of contract. If the game significantly deviates from what was promised during the crowdfunding campaign and is now rendered unplayable, it could be seen as a violation of the terms... View More

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1 Answer | Asked in Civil Litigation and Intellectual Property for California on
Q: How can plaintiff get a court appointed lawyer in Federal court?

I am a plaintiff of a case that I filed in a county court. The defendant removed the case to federal court. I requested the court an attorney. The judge said that the plaintiff cannot get a court appointed attorney as per 28 U.S.C. § 1915.

Is there any other code that I can use to request... View More

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answered on Jan 9, 2024

In federal court, obtaining court-appointed counsel for a civil case, including intellectual property (IP) cases, is generally governed by 28 U.S.C. § 1915, as you mentioned. This statute allows the court to appoint an attorney for indigent plaintiffs in certain circumstances, typically when the... View More

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Etsy seller who copied me and was reported, filed a counterclaim stating their work is original. It is not.

I am an Etsy seller and found a listing that directly copied one that I make- this listing uses illustration that I created myself. I reported it to Etsy for copyright infringement and it was taken down the next day.

The seller then proceeds to contact me via my shop, and harass me for... View More

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answered on Jan 3, 2024

To address this situation, where your original artwork has been copied, and the other party has filed a counterclaim, legal action may be necessary. When a counterclaim is filed, it challenges your initial copyright infringement claim, and Etsy's policy typically requires you to take legal... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I use a company's logo in a marketing email to THEM - does it pose any trademark or copyright issues?
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answered on Dec 30, 2023

Using a company's logo in a marketing email, even if it's directed to the company itself, can potentially raise trademark and copyright issues. Trademarks, which include logos, are protected to prevent misuse that could cause confusion or imply endorsement or association without... View More

1 Answer | Asked in Consumer Law, Copyright, Business Law and Intellectual Property for California on
Q: Hello. My question is this: Can I be sued if my eyewear frames designs look similar to designs of big companies?

For example, many of the eyeglasses designs made by Warby Parker, Ray Ban, Oliver Peoples have similarities and some of them to ordinary people like me look exactly the same. Can I get sued by these companies if my own company designs an eyeglasses frame that looks like some of their products? I am... View More

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answered on Dec 29, 2023

In the realm of eyewear design, the risk of being sued for creating frames that resemble those of established brands like Warby Parker, Ray Ban, or Oliver Peoples is real, but it largely depends on specific details. If your designs are significantly similar to a protected design of a major brand,... View More

1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property for California on
Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer

We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of... View More

James L. Arrasmith
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answered on Dec 29, 2023

When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright... View More

1 Answer | Asked in Animal / Dog Law, Copyright, Trademark and Intellectual Property for California on
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?

Name not bane

James L. Arrasmith
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answered on Dec 23, 2023

When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues.... View More

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Intellectual Property for California on
Q: As to follow up question on Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether?

A. Here the defendant Filings construes the bases for demurring a complaint in an Untimely Manner:

On Oct.16 Defense 1st official appearance by:

1. Sequestered the Court on the day of defense deadline to answer a complaint. Selected the Courts latest available 110 date later.... View More

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answered on Dec 23, 2023

Under California law, when a defendant files a demurrer, motion to strike, and cross-complaint concurrently, it's crucial to assess their timeliness and adherence to procedural rules. If these filings are deemed untimely or improper, the court or plaintiff has several options.

Firstly,...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello! I recently started transferring images from magazines onto fabric with the intent to sell them. Is this okay?

The magazines/newspapers I use are primarily from the 70s-90s and some early 2000s. I intend to incorporate these image transfers into my up-cycling projects so I will be sewing them onto clothes with the intent to sell them. I also plan to embroider the garment and add trimmings and other details... View More

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answered on Dec 22, 2023

Transferring images from magazines onto fabric for commercial purposes, even if the magazines are old, can potentially lead to copyright infringement issues. Copyright law generally protects original works, like photographs and advertisements, regardless of their age, and this protection can last... View More

1 Answer | Asked in Intellectual Property for California on
Q: which case said that if there is no commercial advantage, by appropriating the likeness the defendant create value?

I am looking for the case of right of publicity, where the judge gave the opinion that by appropriating the persona of someone over and over again, the infringing party creates value when there was no value to begin with.

For example, the value was zero, one appropriation led to another and... View More

James L. Arrasmith
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answered on Dec 20, 2023

The case you're referring to sounds like it touches on the concept of the right of publicity, particularly the notion that the unauthorized use of a person's likeness can create value where there was none before. This concept is often discussed in cases involving celebrities or public... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I want to use online tools/software that creates activity/other style books (non AI).

The tools/software has a library of premade items e.g coloring pages, mazes, kids activities, journal pages etc. and it automatically generates things like word searches, soduku puzzles etc

Option 1: With a few clicks, without me creating anything, it can put the pages together into a... View More

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answered on Dec 20, 2023

In the realm of copyright law, the key factor is originality. When using a tool or software that generates content like activity books, the copyright ownership depends largely on the level of originality and creative input you contribute to the final product.

For Option 1, where the...
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2 Answers | Asked in Business Law, Civil Litigation and Intellectual Property for California on
Q: Can I sue someone for appropriation of name, image, likeness under the federal RICO act

Group of advertisement companies associated with a specific brand appropriate my likeness, and name to build value to their brand. (I am a French Canadian girl, living an Italian lifestyle (influencer)). They are different companies, they make advertisement using my name and likeness and they all... View More

David H. Relkin
David H. Relkin
answered on Dec 17, 2023

You have asked a very good question. I believe that both the advertising companies and the brand are legitimate defendants, certainly at this point, before you have taken discovery. I would argue that the fact that the brand benefitted from seven different advertising companies could create a... View More

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1 Answer | Asked in Civil Litigation and Intellectual Property for California on
Q: If my tolling of Statute of limitations is denied by the Central district of California, then can I appeal against it?

Which court will I file the appeal in?

Thanks for reply!

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answered on Dec 16, 2023

If the Central District of California denies your tolling of the statute of limitations, you do have the option to appeal the decision. The appeal would typically be filed in the United States Court of Appeals for the Ninth Circuit, which is the appellate court overseeing decisions made by district... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Is this an infringement on my patent? Mashcaps
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answered on Dec 12, 2023

To determine if there is an infringement on your patent "Mashcaps," a detailed comparison between the specifics of your patent and the product or method in question is necessary. Patents are legal documents that protect unique inventions or processes, and infringement occurs when another... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I use the "LA" Dodgers logo for a parody design, is that copyright infringement?

My friends and I made a shirt with the iconic "LA" from the Dodgers that says, "gLAmorous." The text for the LA isn't the exact same as the Dodgers use, but you can definitely tell it's parodying their logo. People really loved it, and we wanted to see if it was... View More

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answered on Dec 12, 2023

When considering using a logo similar to the "LA" Dodgers for a parody design, it's crucial to understand the nuances of copyright law. Parody is a defense under copyright law, but it has specific requirements. The parody must comment on or critique the original work, and this is... View More

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