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California Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property for California on
Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer

We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of... View More

James L. Arrasmith
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answered on Dec 29, 2023

When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright... View More

1 Answer | Asked in Animal / Dog Law, Copyright, Trademark and Intellectual Property for California on
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?

Name not bane

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answered on Dec 23, 2023

When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues.... View More

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Intellectual Property for California on
Q: As to follow up question on Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether?

A. Here the defendant Filings construes the bases for demurring a complaint in an Untimely Manner:

On Oct.16 Defense 1st official appearance by:

1. Sequestered the Court on the day of defense deadline to answer a complaint. Selected the Courts latest available 110 date later.... View More

James L. Arrasmith
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answered on Dec 23, 2023

Under California law, when a defendant files a demurrer, motion to strike, and cross-complaint concurrently, it's crucial to assess their timeliness and adherence to procedural rules. If these filings are deemed untimely or improper, the court or plaintiff has several options.

Firstly,...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello! I recently started transferring images from magazines onto fabric with the intent to sell them. Is this okay?

The magazines/newspapers I use are primarily from the 70s-90s and some early 2000s. I intend to incorporate these image transfers into my up-cycling projects so I will be sewing them onto clothes with the intent to sell them. I also plan to embroider the garment and add trimmings and other details... View More

James L. Arrasmith
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answered on Dec 22, 2023

Transferring images from magazines onto fabric for commercial purposes, even if the magazines are old, can potentially lead to copyright infringement issues. Copyright law generally protects original works, like photographs and advertisements, regardless of their age, and this protection can last... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I want to use online tools/software that creates activity/other style books (non AI).

The tools/software has a library of premade items e.g coloring pages, mazes, kids activities, journal pages etc. and it automatically generates things like word searches, soduku puzzles etc

Option 1: With a few clicks, without me creating anything, it can put the pages together into a... View More

James L. Arrasmith
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answered on Dec 20, 2023

In the realm of copyright law, the key factor is originality. When using a tool or software that generates content like activity books, the copyright ownership depends largely on the level of originality and creative input you contribute to the final product.

For Option 1, where the...
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1 Answer | Asked in Intellectual Property for California on
Q: which case said that if there is no commercial advantage, by appropriating the likeness the defendant create value?

I am looking for the case of right of publicity, where the judge gave the opinion that by appropriating the persona of someone over and over again, the infringing party creates value when there was no value to begin with.

For example, the value was zero, one appropriation led to another and... View More

James L. Arrasmith
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answered on Dec 20, 2023

The case you're referring to sounds like it touches on the concept of the right of publicity, particularly the notion that the unauthorized use of a person's likeness can create value where there was none before. This concept is often discussed in cases involving celebrities or public... View More

2 Answers | Asked in Business Law, Civil Litigation and Intellectual Property for California on
Q: Can I sue someone for appropriation of name, image, likeness under the federal RICO act

Group of advertisement companies associated with a specific brand appropriate my likeness, and name to build value to their brand. (I am a French Canadian girl, living an Italian lifestyle (influencer)). They are different companies, they make advertisement using my name and likeness and they all... View More

David H. Relkin
David H. Relkin
answered on Dec 17, 2023

You have asked a very good question. I believe that both the advertising companies and the brand are legitimate defendants, certainly at this point, before you have taken discovery. I would argue that the fact that the brand benefitted from seven different advertising companies could create a... View More

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2 Answers | Asked in Business Law, Civil Litigation and Intellectual Property for California on
Q: Can I sue someone for appropriation of name, image, likeness under the federal RICO act

Group of advertisement companies associated with a specific brand appropriate my likeness, and name to build value to their brand. (I am a French Canadian girl, living an Italian lifestyle (influencer)). They are different companies, they make advertisement using my name and likeness and they all... View More

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, where multiple advertisement companies are using your name and likeness without consent, a lawsuit for the right to publicity is more appropriate than a RICO case. The Racketeer Influenced and Corrupt Organizations Act (RICO) is typically used for cases involving organized crime... View More

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1 Answer | Asked in Civil Litigation and Intellectual Property for California on
Q: If my tolling of Statute of limitations is denied by the Central district of California, then can I appeal against it?

Which court will I file the appeal in?

Thanks for reply!

James L. Arrasmith
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answered on Dec 16, 2023

If the Central District of California denies your tolling of the statute of limitations, you do have the option to appeal the decision. The appeal would typically be filed in the United States Court of Appeals for the Ninth Circuit, which is the appellate court overseeing decisions made by district... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Is this an infringement on my patent? Mashcaps
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answered on Dec 12, 2023

To determine if there is an infringement on your patent "Mashcaps," a detailed comparison between the specifics of your patent and the product or method in question is necessary. Patents are legal documents that protect unique inventions or processes, and infringement occurs when another... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I use the "LA" Dodgers logo for a parody design, is that copyright infringement?

My friends and I made a shirt with the iconic "LA" from the Dodgers that says, "gLAmorous." The text for the LA isn't the exact same as the Dodgers use, but you can definitely tell it's parodying their logo. People really loved it, and we wanted to see if it was... View More

James L. Arrasmith
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answered on Dec 12, 2023

When considering using a logo similar to the "LA" Dodgers for a parody design, it's crucial to understand the nuances of copyright law. Parody is a defense under copyright law, but it has specific requirements. The parody must comment on or critique the original work, and this is... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Virtual Box is a registered trademark of Oracle inc, the question is whether i can use the same name for a VR company ?

The company should make VR hardware and software for Arcade

James L. Arrasmith
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answered on Dec 6, 2023

Using the name "Virtual Box" for your VR company, especially if it operates in a related field like technology and software, could lead to legal challenges. Trademarks are designed to protect brand names and logos from being used by others in a way that could cause confusion among... View More

2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Hello I have question about status of a trademark

The one I am reviewing states trademark CANCELLED SECTION. 8 (10-YR)/EXPIRED SECTION 9…it seams the trademark was last attempted to renew in 2017 but with no success.

James L. Arrasmith
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answered on Dec 6, 2023

When a trademark status is listed as "Cancelled - Section 8 (10-yr)/Expired Section 9," it indicates that the trademark registration has expired and is no longer valid. This usually occurs when the trademark owner fails to file the necessary documents or fees required for renewal.... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Would a book about holistic pet recipes, be an infringement on a trademark of "An holistic approach to pet food; TM"?

Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA.

James L. Arrasmith
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answered on Dec 4, 2023

When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among... View More

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for California on
Q: If I opened a place called "smashed burger" and did a similar concept, would I be subject to a suit? Thanks
James L. Arrasmith
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answered on Dec 4, 2023

If you're considering opening a place called "Smashed Burger" and the concept is similar to an existing company known as "Smash Burger," there is a potential risk of a trademark infringement lawsuit. In trademark law, the key issue is often whether there's a likelihood... View More

1 Answer | Asked in Business Formation, Civil Litigation, Trademark and Intellectual Property for California on
Q: Why is the same term that describes a racial identity used as a trademark for food and non-food items?

Alot of so called black Americans have discovered African American Inc. and are confused, offended,and fearful, about what that could possibly mean for them. Since the US has a history of not veiwing so called black Americans as humans, please clarify if this company views or promotes African... View More

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answered on Dec 3, 2023

The use of the term "African American" as a trademark for a company, especially for food and non-food items, can indeed be concerning and potentially offensive. The term "African American" is primarily a racial identity, and its use in commercial contexts should be approached... View More

1 Answer | Asked in Copyright, Intellectual Property, Business Law and Civil Litigation for California on
Q: If we cannot copyright an incident, can we claim it as appropriation of our personality.

If we have an accident. We get injured by it. We meet a hot nurse at the hospital and marry her. And we snap all of it, from accident to marriage.

Few weeks later someone makes a movie out of it. They use our initials, same design wedding dress, same color of car that we had the accident... View More

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answered on Nov 29, 2023

In your case, while you can't copyright an incident, you may have grounds to file a claim under the right of publicity, especially if specific personal elements like your initials, wedding dress design, and the color of your car were used without your permission. The right of publicity... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Is it legal to scan copyrighted books for archival purposes?

I was wondering if I could scan books still under copyright to archive them for personal use (or maybe allowing researchers to access it by request)?

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answered on Nov 26, 2023

In the United States, scanning copyrighted books for archival purposes, even for personal use, falls under the scope of copyright law. Copyright law typically protects original works of authorship, including books, for the lifetime of the author plus 70 years.

For personal archiving, the...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How do I check if the product has patent such as electric kettle sold by two different companies?
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answered on Nov 26, 2023

To check if a product like an electric kettle is patented, especially when it's sold by two different companies, you can follow these steps:

Patent Number Search: If the product packaging or documentation mentions a patent number, you can use this to check the patent status. Patent...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I publish CA court transcripts as a book on Amazon if they were published by courttv? or do i need to buy them?

i'm not sure the court even has them to purchase anymore since it's an old trial. the transcrips being on courttv means they are copyrighted?

James L. Arrasmith
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answered on Nov 22, 2023

Publishing California court transcripts as a book, particularly when they have been broadcast by Court TV, involves several legal considerations. Firstly, court transcripts generally fall into the public domain, especially if they are official records from a public trial. However, this does not... View More

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