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California Intellectual Property Questions & Answers

1 Answer | Asked in Copyright and Intellectual Property for California on

Q: Will I have any copyright infringement?

Hi. I'm Alex. I will be brief. I develop a technology based on Artificial Intelligence which produces its own music in real time. The thing is that I teach MY system by using copyrighted music. Will I have any copyright infringement if I monetize the technology? Thanks.

Robert Philip Cogan answered on Jul 18, 2019

As a generality, if you copy music and use it, it is copyright infringement whether or not you monetize it. There are exceptions for "fair use." However, those exceptions are much narrower than most copiers think they are.

Serious companies consider paying a license fee. Sometimes the cost...
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Q: If a patent is assigned to a company, would the inventor get royalties or just the company?

My father was involved in patents and was not sure if the family is entitled to anything from them.

Kevin E. Flynn answered on Jul 13, 2019

If your father was employed by a company and made inventions as part of his normal job duites, then the employer might consider your father fully paid in that he received his paycheck. As a paid to invent employee, the money paid by the company to your father would serve as consideration for the... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for California on

Q: Is it legal to sell wireless earbuds that look like Airpods but have a different brand and no reference to Apple at all?

The Idea would be to sell functioning wireless earbuds for cheap with my own brand and wording without any reference to Apple or their specific product (Airpods). Would there be any legal problems I could get into if I was sell these wireless earbuds on Amazon?

Kevin E. Flynn answered on Jun 21, 2019

I will defer to trademark attorneys on possible issues under trade dress.

However, if Apple has a design patent on the ornamental appearance of these earbuds, then you may be subject to suit for patent infringement.

For an introduction to patent searching --...
Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on

Q: How do I go about owning the trademark for "Girl Gang"? It seems to stand as abandoned. Thank you.

I want to trademark "Girl Gang" for a women's sports apparel company, I'm looking to start. It seems to stand as abandoned. What does that mean? Thank you.

Ahaji Kirk Amos answered on Jun 10, 2019

You should apply for a trademark application.

1 Answer | Asked in Contracts, Intellectual Property and Real Estate Law for California on

Q: Property management company wrote us a letter saying we needed to remove our pool in our backyard. Do we have too?

Been living in the house for 5 years have had a plastic pool up every summer for 5 years never been an issue got a letter saying it need to be removed because it violates paragraph 11:USE OF THE PREMISES: The premises shall not be used for any propose other than as a residence for the authorized... Read more »

Bruce Alexander Minnick answered on Jun 6, 2019

Let me break it down for you: Regardless of how many years you have been able to enjoy a portable plastic backyard pool, your landlord has now taken the legal position that your portable plastic backyard pool violates one or more of the nuisance rules governing your rented home or apartment, and... Read more »

1 Answer | Asked in Contracts, Intellectual Property, Consumer Law and Internet Law for California on

Q: A Los Angeles based hosting company without warning denied 100k customers access to their intangible personal property.

The company the 100K customers contracted with is called AlphaRacks. AlphaRacks contracted with a company called QuadraNet to provide the actual computer servers. Those two companies have some type of dispute. Without warning on 5/16/19, QuadraNet disconnected access for all of AlphaRacks... Read more »

Bruce Alexander Minnick answered on May 30, 2019

The only way to solve this problem is to read all the written contracts made between the two warring companies and then read all the contracts made between you and whichever company you had a contractual relationship with. If you think there is a class action hiding in these facts, hire a lawyer

1 Answer | Asked in Intellectual Property for California on

Q: if i am filing for an international patent, is it true that i want my name to be last so that it is listed with my name?

Peter D. Mlynek answered on Mar 13, 2019

No. It used to be true a long time ago that in many databases only the first inventor was listed with the patent number and patent title. But for the past 30+ years, when someone searches for patents by the inventor's name, all patents associated with the name, regardless of the order of the... Read more »

1 Answer | Asked in Constitutional Law, Intellectual Property and Landlord - Tenant for California on

Q: Do I have any rights to stay in my boyfriends house till I find a new place for my daughter and myself since he passed?

My daughter and I have lived with my boyfriend for about 7 years,he doesn’t own the house it’s in a trust. It goes to his children when he dies,and most of the things in it we acquired since we were together,we remodeled it together:He has not spoke to any of his children in over 6 years and... Read more »

Manuel Alzamora Juarez answered on Feb 24, 2019

This question should be posted in the Estate and Trusts site. Best of luck.

3 Answers | Asked in Business Formation, Business Law and Intellectual Property for California on

Q: I intend to title my LLC , Moving Humanity Forward. These words were trademarked by General Motors. Can I use this?

I first used this concept, Moving Humanity Forward, in a commencement speech at my Master's Degree graduation ceremony. General Motors seems to only be using this in advertising their partnership with NASA. I appreciate any feedback.

Thomas A. Grossman answered on Feb 17, 2019

Since GM has already trademarked that phrase, I think you would have to use another phrase, e.g. "taking humanity forward," etc.

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Intellectual Property for California on

Q: I have an idea for a website/app, how do I protect it? —please see the description for the complete question. Thx!!

How do I protect my idea for a website/app? I don’t want to disclose too much about it—that’s the reason for my asking in the first place—I don’t want a copycat with more resources/startup money than me to steal my idea & make a fortune off of my concept.

The idea, without... Read more »

Frank Huerta Jr answered on Feb 11, 2019

I suggest you have an attorney draft a non-disclosure agreement for you. However if you are pitching it to an investor, some may balk at the idea of signing it.

1 Answer | Asked in Intellectual Property and Trademark for California on

Q: Can a trademark name be the same but registered in different classes by another company using the same exact trademark?

IE, product ABC's name is TM as BattleShip, can a completely different class of product XYZ also use the name BattleShip if the products do not share anything in common, essentially a completely different product than the TM product?

John Martin Hilla answered on Jan 25, 2019

Yes. The issue is whether consumers will be likely to be confused by the same name. If they are totally different products sold in totally different geographic regions in totally different channels of trade, there could be no likelihood of confusion, and the separate trademarks might be so... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on

Q: how to see if a design is patent able?

Griffin Klema answered on Jan 16, 2019

Hire an attorney to conduct a prior art search and provide an opinion about whether your design is patentably distinct over the prior art. I recommend you budget about $2,000 for this work. Good luck!

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1 Answer | Asked in Intellectual Property for California on

Q: Hello! I have a question about "The Laundress Signature" trademarks Intellectual Property Rights. Are you their holder?

Jason Brooks answered on Jan 9, 2019

This is a legal question and answer forum, not a law firm or any one lawyer in particular.

All Trademark ownership information can be found at the USPTO website by searching for the mark you wish to retrieve info about.

1 Answer | Asked in Intellectual Property for California on

Q: What's the best way to ensure a software app I'm working on is legally protected from copying or theft

while it's in the development stages?

Ali Shahrestani, Esq. answered on Jan 2, 2019

A non-disclosure agreement is basic protocol, along with confidentiality agreements and related contracts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on

Q: Will copyright be infringed in this scenario = My son lives in LA, want to open a Movie themed motel

Rooms have film related posters and memorabilia such as a Disney room, a horror room or a Star Wars/si fi room. The question concerns the use of retail available film items to make income as in room rental?

Michael

Ali Shahrestani, Esq. answered on Jan 2, 2019

Commercial use of copyrighted images qualifies as an IP violation, and thus a license would be needed from the copyright owner for such use. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself.... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for California on

Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!

Ali Shahrestani, Esq. answered on Jan 2, 2019

To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

1 Answer | Asked in Intellectual Property and Trademark for California on

Q: I have a design with the word "Fortnite" inside the design but its not the logo of "fortnite". Is this infringement?

Can I still use the name in a different font with no logo?

Griffin Klema answered on Nov 30, 2018

Maybe. It depends on whether your goods or services are in the same class as an existing trademark registration, and whether using the mark is or will cause consumer confusion. Even if not registered, common law infringement may also be a problem. I suggest speaking to a trademark lawyer and seek a... Read more »

1 Answer | Asked in Intellectual Property and Internet Law for California on

Q: I used to use Napster in 2000 to download music. Can I still get sued by any of those copyright holders?

Guvenc Acarkan answered on Nov 17, 2018

Copyright Act sets civil statute of limitations to 3 years and criminal proceedings statute of limitations to 5 years. (U.S. Title 17 Section 507). You will not be sued under Copyright Act. Whether there is a state law in California that has an unusual statute of limitations exceeding 18 years,... Read more »

1 Answer | Asked in Intellectual Property and Landlord - Tenant for California on

Q: Hi what form do I fill out when I have been evicted and the landlord is selling my property and claiming it as his own?

I have all my tools and farm equipment in a storage bin and the owner of the house is refusing to let me remove my belongings.

Andrew Zulieve Esq answered on Oct 29, 2018

Typically, a landlord must make your property available for you to pick up. You should discuss this with an attorney in your locale that handles landlord/tenant matters.

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