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California Trademark Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Looking for assistance from a trademark lawyer to answer my office actions.

I am currently trademarking my small business, and my brand name includes the words “New York”. We used to be located in NY, but moved to LA six years ago, and kept the brand name (Archive New York).

Now I have a few questions from the Trademark office to respond to (office actions)... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're seeking assistance with trademark office actions for your business "Archive New York" after relocating from New York to Los Angeles. I can offer some general information that may be helpful:

1. Geographic terms in trademarks: The use of geographic terms...
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5 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More

Sean Goodwin
Sean Goodwin
answered on May 30, 2024

The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue... View More

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5 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More

James L. Arrasmith
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answered on May 30, 2024

Using a company's name in the title of a parody work could potentially lead to legal issues, even with a disclaimer. Here are a few key considerations:

1. Trademark infringement: If the famous furniture company has a registered trademark, they may claim that using their name in your...
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5 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 30, 2024

A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting,... View More

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5 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Instead of creating the "Unofficial Ikea Coloring Book" (or whatever famous furniture company you think) why not be a little more creative and make it something like "Denmark's (or Slovenia, or Latvia, Russia or some other country) answer to the Official Swedish furniture... View More

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5 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More

Robert P. Cogan
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answered on May 30, 2024

Whenever anybody asks me, "Can I be sued?" my answer is, "Hey, this is America! You can always be sued." The right question is, "What risk am I taking?" Would the furniture company want to sue? If what you are doing is proper, the furniture company can still sue you.... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: 1. Do I need permission to use PEPSI logo in a parody?

POOPSI with the PEPSI logo 2. Can I copyright my parody so no one can steal idea

James L. Arrasmith
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answered on May 14, 2024

I will do my best to provide helpful information while being careful not to reproduce any copyrighted material. Here are a few key points regarding your questions:

1. Using a trademarked logo like Pepsi's in a parody is considered fair use in many cases, meaning you likely don't...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: I run a small business and have a few questions regarding what I can and cannot include in my designs

1) I want to create a few original designs inspired by Harry Styles' recent world tour called Love on Tour. Of course I would never use his name in the designs or advertisement, but is this illegal? Love on Tour itself is not trademarked as far as I have seen, but will I run into problems?... View More

James L. Arrasmith
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answered on May 6, 2024

I can provide some general guidance on your questions, but please keep in mind that intellectual property law can be complex and fact-specific, so you may want to consult an attorney for definitive advice tailored to your specific situation.

1. Using elements inspired by an artist's...
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1 Answer | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: If I am using Dali Llama Yoga for a business name, would there be an issue or conflict with the person Dalai Lama?
James L. Arrasmith
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answered on Apr 12, 2024

There could potentially be some issues with using "Dali Llama Yoga" as a business name in California. While the spelling is slightly different, the name is very similar to the Dalai Lama, the religious leader of Tibetan Buddhism. This similarity could lead to a few potential legal... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Want to set up an enthusiasts website for a car brand. I have the .org website. They have .com. Can they take it off me

The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.

James L. Arrasmith
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answered on Apr 4, 2024

The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.

Some key points:

1. Trademarks protect...
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Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

James L. Arrasmith
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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

1 Answer | Asked in Consumer Law, Business Law, Trademark and Intellectual Property for California on
Q: Hi, My name is Jacqueline and starting a skin care brand called Jacques Skin.

I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Hi Jacqueline,

I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.

Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related...
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1 Answer | Asked in Legal Malpractice, Appeals / Appellate Law, Civil Litigation and Trademark for California on
Q: Legal colleagues is The Court eavesdropping on this prior issue? Delmore 1st Demurrer was heard and given leave to amend

1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.

The Court here by (above ED) is given reason to substantiate unexpected complications.

Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If an infringement claim is approved, do you need to pay a security deposit before the awarded amount get release?

I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More

James L. Arrasmith
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answered on Mar 29, 2024

The request for a security deposit as described in your situation raises some red flags. In the context of U.S. trademark law and the processes followed by the United States Patent and Trademark Office (USPTO), there's typically no requirement to pay a security deposit to release an awarded... View More

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: can this trademark be used in another application?

We manufacture diamond cutting tools and would like to use the term xtreme cut in our branding for a product line.

a quick search shows the term as abandoned by a tool cutting fluid manufacturer. But a search for them shows the current use of the term on their products.

James L. Arrasmith
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answered on Mar 23, 2024

In the realm of trademarks, the status "abandoned" can often be misleading. If a term is marked as abandoned, it means that at some point, the official registration process was not completed or maintained. However, this does not necessarily mean that the term is free for use by others,... View More

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1 Answer | Asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California on
Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, when a court grants leave to amend a complaint and sets a deadline, the initial submission date is typically considered as long as the amendment is made within the permitted time frame. However, if the clerk rejects the filing due to technical issues, this can complicate matters. The... View More

2 Answers | Asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California on
Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the filing on a technical issue.

The technical issues was immediately resolved and resubmitted. Aft 3 more days the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, the legal procedure around amended complaints and the timing of submissions can be complex. When you initially submit your amended document within the allowed timeframe, which in your case was within 20 days, you've adhered to the initial requirement. However, if the clerk... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can we use NWWA as our rap group name that we're creating.

The problem is that there's a group called NWA, so that's the thing worrying us.

James L. Arrasmith
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answered on Mar 8, 2024

Using "NWWA" as your rap group's name when there is already a well-known group called "NWA" does present potential concerns. The proximity in name could lead to confusion or comparisons, potentially affecting how your group is perceived. It's important to consider how... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I own a PING putter and want to add the brand name "PING" to another location on the putter. Is that infringement?

The golf putter brand is PING. I would be adding the manufacturers logo to their own product. I'd be customizing/personalizing the putter for personal use and that is one of the added features I want.

James L. Arrasmith
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answered on Mar 8, 2024

In the specific situation you described, adding the "PING" logo to another location on a genuine PING putter for personal use and customization is unlikely to be considered trademark infringement under U.S. law.

Here's why:

1. Genuine product: Since you own an...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can I use the term "That's what she said" for a blog site name?
James L. Arrasmith
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answered on Mar 5, 2024

Using the phrase "That's what she said" as the name for a blog site is generally permissible, as it is a common expression used in various forms of dialogue and humor. The phrase itself is part of public domain and is widely recognized as a colloquial expression rather than a... View More

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