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California Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for California on
Q: _A German attorney claimed that his client's moon photo was published by our site and that we need to pay him for

the photo was originally published publicly by Facebook & Google two years ago and it was never brought to our attention that it was owned by his client.

The site is made for students @ Berkeley non profit is called 1Zumba.com

Under the Fair Use of the American Law, can we ask... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 25, 2020

He would have to obtain jurisdiction over you to sue you in a German or Greek court. If he comes here, you are probably protected by the public domain doctrine and the fair use doctrine.

Justia disclaimer below incorporated herein.

1 Answer | Asked in Copyright for California on
Q: Discovery - Copyright case in CA

I have filed a copyright lawsuit in CA as a pro se litigant. Does opposing counsel need to verify his responses to Plaintiff’s Request for Production of Documents? He has produced no documents and objects to all but two requests. Thank you.

Maurice Mandel II
Maurice Mandel II
answered on Sep 23, 2020

If you filed a copyright case in pro per, you are swimming in very deep water with a lot of sharks. Opposing counsel does not need to verify Objections that are responses, but if he did not object to 2 of your requests those responses must be verified by the Defendant. If you do not agree with... View More

2 Answers | Asked in Copyright for California on
Q: Are word designs on a mug or shirt considered copyright?

If someone made a mug for sale online that read "I love my dog and like 3 other people". Can someone else make a mug with the same exact words on it?

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2020

Probably not. There is a formal copyright and a common law copyright that attaches to the intellectual property of the person that creates it. An author does not have to copyright a script in order to prevent someone copying it directly, which is what you propose.

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1 Answer | Asked in Copyright and Civil Litigation for California on
Q: Discovery Issues

I am a pro per litigant. Opposing counsel will not provide address/ phone # of former employees of company being sued? He claims harassment. He did not provide that info in Initial Disclosure. Can I compel?

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Sep 16, 2020

Maybe, if the information reasonably related to the claims or defenses in the case.

Presumably - because this is posted under "copyright" - this question has to do with a federal lawsuit. If so, discovery is governed by the Federal Rules of Civil Procedure (FRCP), Rules 26-37....
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1 Answer | Asked in Copyright for California on
Q: Should i photo each handcrafted semiprecious gemstone and Australian crystal wearable talisman for faith healing.

There are about 400 Each is uniquely arranged with one of a kind pattern stones. A combination of various semiprecious gemstone beads arranged in a specific pattern form. Is it expensive. Can i file as a collection. Each piece can be obtained by one price donation. This will be a nonprofit... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 15, 2020

Yes you should photo everything, in detail. If you think you have enough photos, take more. IMO- copyright because a patent is usually a process or an invention, not a design. Contact a good intellectual property attorney.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Copyright and Trademark for California on
Q: Can I use the name “Lakers” on purple t-shirts?
Maurice Mandel II
Maurice Mandel II
answered on Sep 10, 2020

Until you get caught, then you have to pay licensing fees and have to disgorge all your profits.

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1 Answer | Asked in Contracts, Copyright and Intellectual Property for California on
Q: Does an addendum to a talent release for services override the original release? Or is it in addition to?

Signed talent release for my services as an actor(music video) and photographer(still film self-portraits). Part of the release grants license for prod. co. to use photos I took on set but explicitly states I get to keep copyright/ownership of my photos (which I made sure they added in). Long after... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2020

You took the trouble to outline your matter in considerable detail and you await a response for five weeks. It could be difficult for the copyright, entertainment, and intellectual property attorneys here to answer your question. Any attorney is going to need to see the contract, and the format of... View More

1 Answer | Asked in Consumer Law, Copyright and Products Liability for California on
Q: Hello, I plan on having a bottled beverage company. Where do I start in making sure my company's name is trademark?
Evelyn Suero
Evelyn Suero
answered on Sep 5, 2020

Trademark registrations may be filed as Intent to Use ahead of time, however proper clearance of the trademark should be conducted to ensure that the trademark is not being used by anyone else in the same or related class/category. Work with a trademark attorney to assist you.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I would like to trademark the name ab roller for example. Would I registered it as "the ab roller" or "ab roller"?

Furthermore, if I only register the trademark under the name " The Ab roller" can someone later on come and a file trademark under "Ab roller" for the same line of business being conducted?

Greatly appreciated your help~

Evelyn Suero
Evelyn Suero
answered on Sep 2, 2020

Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I have an abandoned trademark I started through LegalZoom is there a way to pickup where things left off?

I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again

Joanne Belasco
Joanne Belasco
answered on Sep 2, 2020

If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.

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2 Answers | Asked in Copyright for California on
Q: I want to learn about dictionaries copyrights.

I want to learn about dictionaries copyrights. I would like to publish an English learning book and this book will contain some words with their definitions. Is it okay to take the word definitions directly from dictionaries?

Maurice Mandel II
Maurice Mandel II
answered on Jul 21, 2020

I am not an intellectual property specialist, however, the material in a dictionary is not in the public domain, and my suggestion is do not copy the entry without written permission from the publisher.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Consumer Law and Copyright for California on
Q: What is the best way to protect an idea for an invention
John B. Hudak
John B. Hudak
answered on Jul 18, 2020

Consider consulting with a patent attorney to determine if your idea/invention can obtain patent protection.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts...
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2 Answers | Asked in Copyright and Trademark for California on
Q: Is this brand and logo available to trademark under a new owner?

I would like to copyright or trademark it if available.

Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2020

We can't see what brand you're referring to. You should contact an IP attorney to help you protect your ideas. Feel free to call me if I can be of assistance.

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1 Answer | Asked in Copyright for California on
Q: The little prince is a public domain now, does that mean anyone can use the characters for commercial use in USA?

I would like to use The little prince characters for commercial use such as mugs, shirts, puzzles etc.. nor sure if it is legally allowed.

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2020

A wonderful book. However, you better check again whether the IMAGES are in the public domain. A cursory search that I did said maybe not until 2045! A good Copyright/ Trademark attorney will advise you properly and help you to protect your investment. You would not want to spend a lot of money... View More

1 Answer | Asked in Copyright for California on
Q: if I want to make a facebook group for auctioning off rock memorabilia can I call is Rockabilia?
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

While that's a catchy name, to be absolutely certain I'd recommend having a thorough USPTO search conducted at the very least to make sure the name isn't in conflict with any pre-existing trademark registration(s) or application(s) for related services. And then you may consider... View More

1 Answer | Asked in Copyright for California on
Q: Is it legal to use an Italian regional flag or coat of arms as my unregistered company logo?

If the logo is used on videos and media work to represent concerts for example.

William Scott Goldman
William Scott Goldman
answered on Jul 6, 2020

While flags, coats of arms, and such are not eligible for federal TM registration in the U.S., unless modified under certain conditions, use as an unregistered logo may be acceptable as long as you're not infringing on something identical or similar that's already in use for related... View More

1 Answer | Asked in Copyright, Insurance Bad Faith, Intellectual Property and Land Use & Zoning for California on
Q: Question, if this property belongs to the Indian reservation and the individual took it out unauthorized with a deed,

It would be considered fraud or no?

John B. Hudak
John B. Hudak
answered on Jul 1, 2020

Consider contacting a local pro bono attorney group related to the issue. The specific facts would need to be reviewed to understand what happened and any possible wrongdoing.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client...
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1 Answer | Asked in Copyright for California on
Q: when an artist (painter in this case) sells his original painting to a collector, does the collector now have copyright

to the painting or other works of art? what rights does the collector have and what tpabout the artist?

William Scott Goldman
William Scott Goldman
answered on Jun 30, 2020

Under the first sale doctrine, the buyer has the right of re-sale, display, distribution, etc. However, unless it was created as a work made for hire, or as a commissioned work with assignment of copyright, the original copyright will remain with the artist.

1 Answer | Asked in Copyright for California on
Q: does any museum own copyright of artwork created by an artist who died in 1910? the museum owns the artwork.

in other words, is the artwork now in the public domain? I am asking about a painting at the National Gallery of Art.

James D. Williams
James D. Williams
answered on Jun 29, 2020

The National Gallery actually has a dedicated list of works in the public domain.

https://images.nga.gov/en/page/show_home_page.html

Generally speaking works older than 1934 are likely in the public domain at this point.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: 6340334 patentIs there anyway to check if products out today are anything close to our patent?

I did see a couple manufactures last year that make portable boxing rings, don’t know if that would be close to our design? Maybe just improved idea??

Let me know if you have any interest

Thanks

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 19, 2020

Jeff,

Google Patents notes that your patent expired in 2006 for failure to pay a maintenance fee. You may want to discuss this with your patent attorney. There are ways to pay for an unintentional failure to pay a maintenance fee to revive a patent that lapsed for failure to pay the...
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