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California Copyright Questions & Answers
1 Answer | Asked in Copyright and Trademark for California on
Q: "ALL GOOD THINGS ARE WILD AND FREE" is a famous quote from a book in the public domain. How can this be trademarked?

I am an illustrator using this quote in my art; it is sold on prints, clothing, etc. A clothing company in Southern California has claimed to have trademarked this quote for their clothing business. I was under the impression that books in the public domain were fair game for everyone.

Jason Brooks
Jason Brooks
answered on Apr 12, 2018

Your question is too broad -- The answer depends on how you intend to use the quote. It's important to understand the basic premise that a trademark is "a word, name, symbol or device which is used in trade with goods or services to indicate the source of the goods or services and to... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: if I have a shirt that I wanted to put a unique pocket on for a specific use, can that idea be copyrighted? Trademarked

for example the Women's Sports Bra with cell phone pocket. Was that item trademarked? Copyrighted? And no one else can design another product like it?

Jason Brooks
Jason Brooks
answered on Apr 3, 2018

In short, no. What you're talking about is a design patent, which is a limited duration property right relating to an the unique look of the clothing and not the clothing itself. If the apparel/product has truly unique functions to it, you could also patent those functions with a utility... View More

1 Answer | Asked in Trademark and Copyright for California on
Q: In California is it illegal to sell counterfeit handbags at a resale/consignment store?

I know it is illegal to sell counterfeit handbags but resale stores have them listed as "faux" and at a fraction of the price. My question is, is it illegal?

Benton R Patterson III
Benton R Patterson III
answered on Mar 27, 2018

Yes, it is illegal. Trademark infringement is not excused by disclosing that the goods are counterfeit.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Is there a patent on the red rubber logo on the front? or can i make a speaker with a logo on a red rubber square?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 26, 2018

A logo to identify the source of a product would typically be covered by a trademark rather than a patent. You marked this question as dealing with copyright and patent but you need to seek trademark advice.

There is a tiny chance that they sought a design patent that would be relevant....
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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Is the case of film/synopsis/trailer copyrights infringement worth suing?

Hi. We've bought out the rights for a new exclusive story (screenplay) that has never been covered in the media before. There's one more party (producers) who wanted it, but did not buy the rights. So my company has acquired the rights legally - via agreement.

But today when we... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 12, 2018

The situation you describe certainly warrants a meeting with competent intellectual property attorney(s). You are in the right area to find some of the best IP lawyers in the country. I'm sure an initial meeting to determine whether the case is worth pursuing would be free.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is risk of trademark infringement if I file DBA for AKME and a company with trademark exists for ACME?

There are trademarks by both large tech company in unrelated industry, and also a trademark by company in the same industry selling similar products.

Michael Gerity
Michael Gerity
answered on Mar 6, 2018

Short answer: yes. The rule for analyzing infringement is to first correct any spelling errors or unusual spellings before doing the analysis. So, for example, "shooze" would first be converted to "shoes," and "2legit" would be converted to "too legit."... View More

1 Answer | Asked in Copyright for California on
Q: Is it legal for people to sell car manuals (from the car mfg.) on ebay, no one ever answers this question

....because people need the info. And its hard to find....

Will Blackton
Will Blackton
answered on Mar 1, 2018

You haven't provided very many details regarding your situation: are you reproducing these car manuals? Are you interested in reselling physical copies you purchased from the car manufacturer?

Research the "first sale doctrine" which may provide some insight into your question.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I copyright screenplay of my conceived story?

I hired a student in movie college to convert my concept , story into a screenplay . She did . I paid her $300 for her work as mutually agreed. However it seems she now wants to share ownership rights with me . She really believes it came from her (also) along with me. Conveniently forgetting I... View More

Will Blackton
Will Blackton
answered on Feb 26, 2018

Who owns the screenplay? It depends.

Is the student an employee or independent contractor?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I applied for a patent in 2009, but I do not think it was granted. Is it in force?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 23, 2018

You really need to talk to your attorneys about it, but it looks like it was abandoned in summer of 2012. It was never in force.

1 Answer | Asked in Consumer Law, Copyright and Internet Law for California on
Q: I'm compiling an ebook about the best photography locations in my area. Can I get sued for using public locations?

Can I use public locations in my ebook without permission? For example, state parks, building fronts, local parks, schools, etc. No people are shown in the photos I'm using from whom I haven't gotten permission, but I'm wondering if someone could sue me if they're an owner of... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 23, 2018

You are free to describe and take photos of public locations (state parts, local schools, etc.). Ownership of real property does not include the right to exclude others from taking photos of the property.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Regarding fair use the the term "educational purposes". Are the profesional teachers only allowed to use this term?

Regarding fair use the the term "educational purposes" is included in the exemptions. Are teachers or schools only allowed to use this term? How about the regular website owners,users, or bloggers that are posting things that can be considered informational or educational? (Ex: website... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 20, 2018

Most likely it is not fair use to take someone else's image and use it in a blog, even if the purpose is to educate people. An attorney would need to evaluate the entire website to give a confident answer though.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Does fair use eductional purposes only apply for teachers? Are bloggers or website owners allowed to use this reason?

Does fair use eductional purposes only apply for teachers? Are bloggers, website owners, or regular website users allowed to use this reason? For example, you are posting some informative content in your website with the image(the image is related to the context) which is copyrighted also posted.... View More

Andrew Zulieve
Andrew Zulieve
answered on Feb 16, 2018

The statutory fair use exception to a copyright owner's exclusive rights applies to all.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Does posting a copyrighted image of certain health conditions in your health website for informative purposes a fair use

Does posting a copyrighted image of certain health conditions in your health website for informational reason considered fair use by educayional or infromative purposes? Thank you?

Andrew Zulieve
Andrew Zulieve
answered on Feb 16, 2018

Unlikely since you intend to reproduce the entire image. Discuss it with a copyright attorney.

1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Business Law for California on
Q: what is the right to subrogation in court
Dale S. Gribow
Dale S. Gribow
answered on Feb 9, 2018

when you are rear ended and another parties ins co pays they have a right to get the money or some of the money back (ie subrogate) from another entity

1 Answer | Asked in Copyright for California on
Q: i m been sued and dont know what to do

FOR SETTLEMENT PURPOSES ONLY NOT TO BE USED IN LITIGATION OR FOR ANY OTHER PURPOSE

Good afternoon,

Please be advised that this firm has been retained by Joe Hand Promotions, Inc., the lawful owner of the copyright and the commercial distribution rights and public performance for the... View More

Robert P. Cogan
Robert P. Cogan
answered on Jan 9, 2018

The question does not include the whole letter. Therefore, it is impossible to assess the situation. However, it appears that you might not have been sued yet. "What to do" is call an intellectual property lawyer who can seek to solve the problem. In many other cases, people unfamiliar... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can words like ''blaster'', ''starship'' or ''warp drive'' be trademarked or are already generic terms?
Benton R Patterson III
Benton R Patterson III
answered on Dec 26, 2017

These words could be registered as trademarks, but not for what each literally describes.

1 Answer | Asked in Contracts and Copyright for California on
Q: How to phrase my NDA so the duration of it, five years, begins at the conclusion of business/communication not the start

I am giving an engineer proprietary information and want my NDA to begin once our relationship ends. So if we work together for three years, the five year period starts at the end of our three years. If we work together for a month, it starts after that month. Etc.

Robert P. Cogan
Robert P. Cogan
answered on Dec 8, 2017

Your objective is understood. It can be achieved. However, it looks like you want to give up confidentiality on all information generated during the relationship. Perhaps you may wish to consult counsel as to whether any other unintended consequences could result from the arrangement you... View More

1 Answer | Asked in Copyright and Criminal Law for California on
Q: Hello, I have a legal question. Thank You

Hello,

I found a product online through AliBaba, which is one of the biggest companies in the world. If I purchase the product & the product ends up being counterfeit, can I get into trouble?

The seller states the item is authentic, the seller has good reviews, and I'm... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 17, 2017

keep all your documentation with the seller who claims it is legit.

that is a substantial savings but most things are marked up double anyway and they may be trying to unload things at their cost.

save this inquiry and documentation from the seller in case there is an issue.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What does this mean in regards to a trademark: Status - Abandoned-Failure To Respond Or Late Response

Can people trademark phrases? If so, does this mean no one else but them are allowed to use these phrases to print items on such as shirts, etc?

Michael Gerity
Michael Gerity
answered on Nov 16, 2017

IF you are talking about a federal registration with the USPTO, then an indication of abandonment for failure to respond usually means that an office action was issued and not responded to during the time for response. An office action is correspondence from the PTO raising a problem of some sort... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Internet Law and Trademark for California on
Q: I'm considering developing an app that will use pictures and voice clips of celebrities. Am I in danger of being sued?

I'll be using photos and audio clips from the internet. I don't want to go through the hassle of trying to get permission if I don't have to but I don't want to get sued. The app will be free and make money from ad revenue. I'm worried that using someones likeness makes... View More

Robert P. Cogan
Robert P. Cogan
answered on Nov 16, 2017

If you choose the correct celebrity you can expect to be sued. California gives celebrities a "right of privacy." The law generally does not allow violation of rights just because the violator not want the "hassle" of obeying the rules.

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