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California Copyright Questions & Answers
3 Answers | Asked in Contracts, Copyright and Intellectual Property for California on
Q: I am a digital artist. Legally, am i allowed to use 'U.S. Army' on the art i am making, and intend to sell?

https://trademarks.justia.com/779/16/u-s-77916097.html

- The term U.S. Army will be used on a characters uniform i have drawn. - if i sell the art with that phrase on it, are there any legal implications?

- I need real, concrete answers

Theodore Allan Greene
Theodore Allan Greene
answered on Jun 29, 2022

You appear to have done some of your own research based on the link you attached. To be absolutely certain you should contact them directly and/or sit down with an attorney who specializes in such matters. The second option probably the best since you could take a LONG time trying to get a... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Will my website idea violate any copyright and/or trademark restrictions?

I'd like to build a website where I create CAD models of various products and allow users to visually configure them together to see how it would look, and display stats based on their configuration. An example of this would be showing what one brand of rim would look like on another... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 27, 2022

The depiction of branded products as you describe, for illustrative and informational purposes, does not infringe the trademarks and is called "nominative fair use" just as it is for reviews and commentary, so long as you are not selling those products. Linking to the trademark... View More

2 Answers | Asked in Civil Litigation, Copyright, Insurance Bad Faith and Personal Injury for California on
Q: What if I haven't got my mail an important documents that I never received and effected my life
Dale S. Gribow
Dale S. Gribow
answered on Apr 27, 2022

MUCH MORE INFO NEEDED.

DID THE POST OFFICE SCREW UP OR SENDER?

DID THE DOCUMENTS GET MIXED UP INSIDE OTHER MAIL YOU WERE THROWING OUT.

I JUST WENT THROUGH THIS TOO.

I WOULD GO TO THE POST OFFICE TO HAVE THEM LOOK INTO IT.

WE SENT OUT INVITATIONS TO AN EVENT,...
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1 Answer | Asked in Contracts, Copyright and Arbitration / Mediation Law for California on
Q: Is there a statute of limitations for Arbitrations in California

My issue issue is primarily a breach of contract dispute that touches on the issue of film copyrights. The contract requires binding arbitration.

David H. Relkin
David H. Relkin
answered on Apr 12, 2022

The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may... View More

1 Answer | Asked in Copyright for California on
Q: If someone sends me a picture, do I have the right to sell it or is it still owned by the person who shot it/sent it?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 15, 2022

The photographer owns the copyright in the photo she takes, absent any agreement to the contrary or unless he/she is employed to take it, in which case the employer owns the copyright as a "work for hire."

If the photographer shares a copy of the photo, that does not convey any...
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1 Answer | Asked in Contracts, Copyright, Employment Law and Intellectual Property for California on
Q: Can I show designs I created under an NDA to another group within the same company?

As an engineering intern for a company, I designed things that cannot be shown to the public. After completing my internship, I kept my final presentation for my personal records -- I've never shown it to anyone outside the company and don't plan on doing so. Now, I am interviewing at the... View More

Neil Pedersen
Neil Pedersen
answered on Mar 8, 2022

First, this question is showing up on a California part of the site, but the information about you suggests you are in Indiana. Unless licensed in Indiana, a California attorney cannot ethically answer your question. If you are in Indiana you will need to direct this to attorneys in your state.... View More

1 Answer | Asked in Contracts, Copyright and Admiralty / Maritime for California on
Q: I need information about adverse possession please give me a call the phone number
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2022

Your post covers Admiralty/Maritime together with Adverse Possession. Unless you're talking about seizure/arrest of a ship or boat, it's possible this could be closer to a real estate matter than a maritime law matter. If this involves real property (in the form of land, not vessels), you... View More

1 Answer | Asked in Contracts, Copyright, Employment Law and Real Estate Law for California on
Q: Can an amicus curiae brief be filed in US District Court that is a regular case, NOT an appeal case?

i.e. are friend of the court briefs ONLY for appeals? A lot of references out there are for amicus curiae for appeals in State and Fed Court. Can such a brief be filed for a case that is NOT on/an appeal?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 9, 2022

Friend of the court (amicus curiae) briefs are filed only in appeals, for non-parties to weigh in on what could be precedential legal issues. In lower courts, both state and federal, non-parties may not file papers but someone with substantial interest in the case might appear as an... View More

1 Answer | Asked in Copyright and Business Law for California on
Q: Can I sell Generic Dressing Wristbands, like "Ketchup" even if there is a Silicone Culinary id bands registered w/ USPTO

USPTO has a registered Mark for a similar product. But mine is a "Wristband" with Generic Dressing and or Spices words on them depending on what the buyer wants. Is there anything wrong here? Just making sure everything runs smoothly with this idea.??

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 29, 2022

The trademark registration to which you refer is for a design mark (an incomplete circle containing the wording "CULINARY ID BANDS" superimposed on a seasoning dredge, a squeeze bottle, and a juice bottle) used on silicone rubber identification bands for culinary use. The mark identifies... View More

1 Answer | Asked in Copyright for California on
Q: Do I have to pay for a Cease and Desist?

I received a Cease and Desist from a German company called Zielinski Legal, that works with a company called PhotoClaim, for using a photographers image on a blog post of mine in 2015. They are requesting I take the photo down AND reimbursement for copyright infringement and damages.... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2022

If you have liability it would be under US law.

It would be prudent to remove the image, now that you are on notice of a copyright infringement claim. Whether or not you have liability for damages, and how much could be claimed, are determinations that should be made by an experienced...
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1 Answer | Asked in Copyright for California on
Q: Can you sell a photo taken inside a private property, specifically a parking building? Without property release?

I have taken a photo of a parking entrance. There are no people or logos included. Can I sell this photo and don't need any property release?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 11, 2022

No permissions are required to photograph the exterior of a building from a publicly accessible spot. The photographer owns the copyright in the photo, and may reproduce, distribute, sell or license it. The photographer should include a copyright notice ("© 2022 John Smith") on copies to... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... View More

John Martin Hilla
John Martin Hilla
answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
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1 Answer | Asked in Copyright and Appeals / Appellate Law for California on
Q: Our account got terminated by YouTube

Hello, we got a false accusation by YouTube that we submitted abusive legal requests and terminated our account. Tried to reach them but they never response or take any action. Seeking a resolution for legal advise!

Joshua J. Schroeder
Joshua J. Schroeder
answered on Jan 7, 2022

Greetings! Here I will discuss only general information regarding the topic you mentioned here. Nothing I express below creates a lawyer/client relationship. I encourage anyone experiencing a de-platforming issue to schedule a consultation with a lawyer that knows this practice area to get the... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a book has entered public domain, do the original publishers still retain copyright on their first book production?

Or can an exact copy of the first book (same cover, design, formatting etc) be made and used commercially?

Thomas James
Thomas James
answered on Dec 27, 2021

No element that is in the public domain is protected by copyright. Be aware, however, that the copyrights in different elements might have different owners and different durations.

1 Answer | Asked in Copyright and Trademark for California on
Q: Does Got Juice have a trademark?

Will I be able to sell my clothing line all though we're selling different goods with the same name?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2021

You need to hire an attorney to do searches and evaluate your risk.

1 Answer | Asked in Copyright and Trademark for California on
Q: how can i purchase a status 606-abandoned -no statement of use filed ...serial number 88035552
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2021

Maybe

You can file for a trademark, but getting it is a different thing.

You may not be entitled to use the mark as widely as you think.

Consults with an attorney.

3 Answers | Asked in Contracts, Copyright, Employment Law and Employment Discrimination for California on
Q: Iam a licensed cosmetologist. Is it illegal to advertise pictures of hair I have previously done at another shop?

Only way to know it was at that shop is the paint color in the background. I work somewhere else now and the owner to the previous shop threatened me saying she's going to sue me because the pictures belong to her since it was at her shop. However the clients have followed me to the new shop... View More

Neil Pedersen
Neil Pedersen
answered on Dec 21, 2021

Yes it is possible that you could face liability. However far more would need to be known before anyone could give you a definitive answer. You need to seek out a specific consultation with an attorney.

Good luck to you.

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Q: Does this 9447159 patent cover all Fc heterodimeric cytokines with an antigen binding moiety (not just CEA-IL2)?

My question is whether this patent covers all heterodimeric immunoconjugates or immunocytokines as described in Claim 1. Specifically, cytokine could be any secreted growth factors that are not mentioned in the patent. Antigen binding moiety could mean any bivalent antibody although the patent... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 15, 2021

You need to hire a patent attorney or expert in the field to do this analysis for you.

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello. I would like to learn about the acknowledged copyright issue?

Hello. I would like to learn about the knowledge copyright issue. we have received a TRO. The plaintiff complained that we infringed on the design patent. But obviously, I think there is a significant difference between our product and theirs. We have found at least 5 specific points. We would be... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 22, 2021

You need to consult with an attorney to understand your options and risks.

2 Answers | Asked in Copyright, Education Law and Intellectual Property for California on
Q: How can I legally include scenes from movies or other media in a teaching course that I'm creating and selling?

This is a teaching course that is all my original material, but movie scenes and songs will be used as examples (this is a language course).

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 21, 2021

If you are using them consistently you would need a license.

You need to talk to an attorney.

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