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Intellectual Property Questions & Answers
2 Answers | Asked in Estate Planning, Intellectual Property and Landlord - Tenant for California on
Q: My mother and my aunt are 50/50 home joint tenants of a house property in Los Angeles. My aunt has a living trust for

Her Part and my mom has a living trust and am her benificary. Can my aunt still evict me out of the property even thought my mother wants me to stay

Julie King
Julie King
answered on Jan 23, 2025

The answer to your question will depend on the language in the two trusts you mentioned. I have several points that may help.

First, people cannot control something they don't own. I cannot control who gets to use your car because I don't own it. In your situation: (1) your mother...
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3 Answers | Asked in Intellectual Property on
Q: What can be my counter proposal when a publishing company that wants to have my music recordings in their catalogue

What can be my counter proposal when a publishing company that wants to have my music recordings in their catalogue asks me to sign away all my moral rights, which I don't want to do?

Ivan  Parron
Ivan Parron
answered on Jan 20, 2025

Moral rights or “Droit Morale” is originally a French law concept that is not recognized under US law. It is only applicable in certain European counties (or Countries recognizing the concept). However, it is pretty standard in all US contracts related to intellectual property (particularly... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Wyoming on
Q: Can a company/individual register a patent for the design of a stainless steel insulated drinking flask?

example in the link (flask only without lid):

Sean Goodwin
Sean Goodwin
answered on Jan 21, 2025

Yes, the ornamental design (not useful components) of a physical good can be registered for a patent. The process is complicated and I highly recommend hiring a licensed patent attorney to help with this project. More information about design patents can be found here:... View More

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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 Consumer Law, Contracts, Copyright and Intellectual Property on
Q: Is it legal to redistribute the games of Chessbase's Database? Or does Chessbase "own" the games?

Chessbase provides a chess database for personal use for (a lot of) money. My understanding is, that they are selling the data*base* and not the data itself (i.e. their file format/structure of the database) and the redistribution of that would be illegal under copyright laws. But the games and... View More

Sarah Teresa Haddad
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answered on Jan 21, 2025

Some parts of games are subject to copyright protection. This includes the game's artistic elements, like the music, art, and dialog, and the computer program that runs the game. As such, reproduction of these elements may be considered copyright infringement, depending on the purpose and... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: Any help regarding original characters that look similar in a self-published book?

I am planning to do a creature book, which would be self-published on Amazon, but I am worried if one of my creatures is similar to a copyright character. It's a bud creature I did, but some had told me it is similar to Kirby, which is a Nintendo character. Is there some way to fix this by... View More

Morgan Theodore
Morgan Theodore
answered on Jan 21, 2025

Copyright protection is very flexible. If your character is original, unrelated to kirby and has original unique features, you will likely be able to proceed without infringing on the nintendo copyright. However, you need not have culpability or intention to copy in order to be found liable for... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: I got patents along with others with PPG. I started a buisness they were never involved with. That buisness exists today

My boss Jim had no idea how to go about the printing industry having ever been involved in that or PPG. I was recruited by them to basically sell their unknown synthetic paper thanks to me is now called Teslin (r) I made my mission happen. Before me it didn't exist

Teslin synthetic paper

James L. Arrasmith
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answered on Jan 21, 2025

Your pioneering work with PPG in developing and commercializing Teslin synthetic paper represents an impressive achievement in materials innovation. Your ability to recognize the potential of this product and successfully bring it to market demonstrates remarkable business acumen and vision.... View More

Q: If a trademark is being used for 2 different fields (by 2 different companies), can I trademark it in an unrelated field

The phrase I want to use is trademarked by one LLC in connection with fragrances and related products, and by another in connection with coffee-based beverages and caffeinated soft drinks. I would like the trademark for a YouTube video show about basketball, and potentially for merchandise... View More

Shefali Lakhani
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answered on Jan 17, 2025

Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your... View More

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2 Answers | Asked in Copyright, Intellectual Property, Criminal Law and Entertainment / Sports for Florida on
Q: Can I secretly record, in Florida, at a church event. If possible I will openly use my phone. Faces will be blurred, etc

I am attending an event in Florida at a church, a 'healing school'. I don't believe you have to sign any documentation to say you can't film. If I can film anything whilst there openly with my phone, I will. But I would like to wear a secret camera if not.

This is an... View More

Michael Rubin
Michael Rubin
answered on Jan 15, 2025

no, secret recordings are not legal in this situation because you are not a licensed investigator

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1 Answer | Asked in Intellectual Property and Land Use & Zoning for Texas on
Q: Eminent domain on the property that my house is on, but the property isn't under my name what can I do about this?
James L. Arrasmith
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answered on Jan 21, 2025

Understanding your situation with eminent domain can be challenging, especially when you don't hold the property title. Your rights and options largely depend on your relationship to the property - whether you're a renter, family member, or have some other connection to the current owner.... View More

1 Answer | Asked in Intellectual Property on
Q: I regestered domain floristfinder.net I see there is now another site called findaflorist.com will this be a problem
James L. Arrasmith
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answered on Jan 11, 2025

The similarity between domain names like floristfinder.net and findaflorist.com shouldn't cause legal issues, as they're distinctly different combinations of words. These types of similar business names often coexist in the same industry without problems.

Your success will depend...
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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

Pavel Kolmogorov
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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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1 Answer | Asked in Intellectual Property for Florida on
Q: Can I Take Legal Action to Get an OnlyFans Video Removed? I agreed but now I'm revoking my consent

I agreed to film onlyfans with someone back in July in Florida.

At the time, I was committed to pursuing OnlyFans and didn’t mind the video being posted. He told me upfront, “Don’t ask me to delete it because I won’t,” and I agreed. However, I’ve since decided to switch... View More

James L. Arrasmith
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answered on Jan 10, 2025

Given that you initially consented and there was a verbal agreement about not requesting deletion, this situation involves complex legal considerations around content rights and consent. Despite your changed circumstances, the initial agreement might make legal action challenging.

However,...
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1 Answer | Asked in Intellectual Property and Real Estate Law for Washington on
Q: I was wondering how to stop a sale of a price of property my house, pump house and septic is on?

My mom and I bought my house in 2003 in 2005 I found out my house pump house and septic was not on my property. Now this piece of property has been sold at least 2 times and now going up for action on the 16th of this month. I called the County and told them the issue and asked if I could pay the... View More

James L. Arrasmith
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answered on Jan 10, 2025

This is a complex property issue that requires immediate attention since the auction is happening soon. You should contact a real estate attorney right away, as they can help protect your property rights and potentially file an emergency injunction to stop the sale.

Given that you've...
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2 Answers | Asked in Intellectual Property for California on
Q: Can I buy an IP from a company for a low value considering they decided to sunset it due it being a failure?

The IP: Concord, a game developed by Firewalk Studios, which SIE acquired in 2023. Despite significant development costs (estimated at $80-150 million), Concord faced substantial backlash due to various controversial elements and was met with a poor reception upon its release on August 20, 2024. It... View More

Sean Goodwin
Sean Goodwin
answered on Jan 8, 2025

Yes, IP is an asset that can be bought and sold.

However, one way to value IP is the amount of money it took to create and register with the USPTO and/or U.S. Copyright Office (and internationally as well).

I highly recommend hiring a competent IP attorney to provide a landscape...
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1 Answer | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Intellectual Property for Pennsylvania on
Q: Can you be charged with public drunkenness if you are sitting in your own car with the keys zippered in your purse?

This happened in York, pennsylvania.

Is the car considered private property? It was parked in a parking lot, doors locked, keys in purse. I was texting looking for a ride. The officer knocked on my window and asked me to step out.

James L. Arrasmith
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answered on Jan 9, 2025

In Pennsylvania, you can potentially be charged with public drunkenness even in your private vehicle if you're in a public place like a parking lot. The car itself is considered private property, but its location in a public space means you're still technically in public.

When an...
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2 Answers | Asked in Contracts, Copyright, Business Law and Intellectual Property for California on
Q: If Hulu is using footage I own do they owe me compensation?
Pavel Kolmogorov
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answered on Jan 7, 2025

It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... View More

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1 Answer | Asked in Intellectual Property and Trademark for Colorado on
Q: If a word is trademarked/word marked does that mean it cannot be used at all?

I am noticing that many words are trademarked. I make and sell vinyl and digital stickers online and sometimes use words and phrases in my stickers. If a word/phrase is trademarked or word marked does that mean I cannot use those words in my sticker art or even in my item description titles... View More

James L. Arrasmith
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answered on Jan 7, 2025

Just because a word is trademarked doesn't mean you can't use it at all - trademark protection mainly prevents others from using that word/phrase as a business name or brand identifier in the same industry or market.

For example, you can absolutely use the word...
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1 Answer | Asked in Intellectual Property and Trademark on
Q: I've registered a pet sitting service where I pop in to feed pets, and called it merry pop-ins, pet nanny. Is this OK?

Before I start trading, I just want to check I won't have Disney on my back? Thank you

James L. Arrasmith
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answered on Jan 4, 2025

Your business name could potentially raise trademark concerns since it plays on Disney's "Mary Poppins" character and brand. While puns and wordplay are fun for business names, large companies like Disney are known to protect their intellectual property rights vigorously.

The...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can i use the AI feature of body matrix and customising the clothes in my website? is there any patent on using it.
James L. Arrasmith
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answered on Jan 4, 2025

Implementing virtual try-on and body measurement features in your website requires careful consideration of existing patents and intellectual property rights. Many companies hold patents related to digital clothing customization and body scanning technologies.

Before integrating these...
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