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California Copyright Questions & Answers
1 Answer | Asked in Copyright for California on
Q: Is it necessary to ask permission first before I use facts that I learned from websites, books, or videos?

I'm making a website on animals. Each page will have basic information and facts about a particular animal. Obviously, to write about them, I need to learn about them first! So if I go and learn about them from other websites, books, or videos, can I write about what I learn without mentioning... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

If you are copying from a work of Authorship, e.g., a book chapter, then you must have permission unless your use is for "criticism, comment, news reporting, teaching (including multiple copies for classroom use) scholarship or research" where each of these are excluded from infringement... Read more »

1 Answer | Asked in Copyright for California on
Q: Scheduling Order

I am a pro se litigant. On my scheduling order I have deadlines for written discovery, expert witnesses, depositions and ‘other discovery’. What does the court include when referencing ‘other discovery’?

Maurice Mandel II
Maurice Mandel II answered on Oct 8, 2020

It could be a number of things, you have to look at Civil Discovery under the rules of the Court you are in. It could be a physical inspection, Expert Witness designation, or a number of other things. Best if you get an attorney to assist you.

Justia Disclaimers below, incorporated herein.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: a German attorney is threating to take us to court unless we sign Declaration of Cease and Desist

He sent an email threating to take us to court under the German Law if we didn't sign this by

9/30/2020- The person named below as respondent

1Zumba address (respondent) hereby undertakes in respect of

Anthony Ayiomamitis, Oropos (www.perseus.gr) (complainant)... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

He would have to demonstrate that he could get jurisdiction over you in a German or EU court. I have no idea what actions he is accusing from this above description, but it seems unlikely he would be able to accomplish this feat. You should consult with a copyright lawyer with DMCA experience as to... Read more »

2 Answers | Asked in Copyright and Trademark for California on
Q: what's the first step to acquire an abandoned trademark?
Joanne Belasco
Joanne Belasco answered on Oct 2, 2020

Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark... Read more »

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1 Answer | Asked in Copyright for California on
Q: I have a copyright for a song (It's a cowgirl thing) on Esty, Amazon, Redbubble etc. products being sold with these word

Some of the products include extra wording (boots & bling it's a cowgirl thing) a few years back I notice the same thing going on, I contacted the sellers and ask them to stop and they did. This time the number of sellers has gone way up. One even put 2020 copyright. logo on there web... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 29, 2020

You are bouncing between copyright law and trademark law; and a competent attorney would need more information before giving you some useful guidance here.

Copyright law is intended to protect your creative expressions, whereas trademark law is designed to protect words/phrases/logos/(and...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I used the "LA' from the LA Dodgers & printed on a hat to sell, is that trademark infringement? Upside down as well?

For example I use the iconic "LA" logo on a hat to sell for my business, would that be trademark infringement. Let's say I change the font size, or flip the letter upside down, or add coloring, does it make a difference? Does this apply for the "SF' in SF Giants as well?

Evelyn Suero
Evelyn Suero answered on Sep 27, 2020

If a mark being used is confusingly similar to another trademark and/or causes confusion as to the source of the goods or services (ie. where consumers may believe the other company to be the source of the goods), the use may be deemed trademark infringement.

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: _A German attorney claimed that his client's moon photo was published by our site and that we need to pay him for

the photo was originally published publicly by Facebook & Google two years ago and it was never brought to our attention that it was owned by his client.

The site is made for students @ Berkeley non profit is called 1Zumba.com

Under the Fair Use of the American Law, can we ask... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

He would have to obtain jurisdiction over you to sue you in a German or Greek court. If he comes here, you are probably protected by the public domain doctrine and the fair use doctrine.

Justia disclaimer below incorporated herein.

1 Answer | Asked in Copyright for California on
Q: Discovery - Copyright case in CA

I have filed a copyright lawsuit in CA as a pro se litigant. Does opposing counsel need to verify his responses to Plaintiff’s Request for Production of Documents? He has produced no documents and objects to all but two requests. Thank you.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

If you filed a copyright case in pro per, you are swimming in very deep water with a lot of sharks. Opposing counsel does not need to verify Objections that are responses, but if he did not object to 2 of your requests those responses must be verified by the Defendant. If you do not agree with... Read more »

2 Answers | Asked in Copyright for California on
Q: Are word designs on a mug or shirt considered copyright?

If someone made a mug for sale online that read "I love my dog and like 3 other people". Can someone else make a mug with the same exact words on it?

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2020

Probably not. There is a formal copyright and a common law copyright that attaches to the intellectual property of the person that creates it. An author does not have to copyright a script in order to prevent someone copying it directly, which is what you propose.

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1 Answer | Asked in Copyright and Civil Litigation for California on
Q: Discovery Issues

I am a pro per litigant. Opposing counsel will not provide address/ phone # of former employees of company being sued? He claims harassment. He did not provide that info in Initial Disclosure. Can I compel?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 16, 2020

Maybe, if the information reasonably related to the claims or defenses in the case.

Presumably - because this is posted under "copyright" - this question has to do with a federal lawsuit. If so, discovery is governed by the Federal Rules of Civil Procedure (FRCP), Rules 26-37....
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1 Answer | Asked in Copyright for California on
Q: Should i photo each handcrafted semiprecious gemstone and Australian crystal wearable talisman for faith healing.

There are about 400 Each is uniquely arranged with one of a kind pattern stones. A combination of various semiprecious gemstone beads arranged in a specific pattern form. Is it expensive. Can i file as a collection. Each piece can be obtained by one price donation. This will be a nonprofit... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 15, 2020

Yes you should photo everything, in detail. If you think you have enough photos, take more. IMO- copyright because a patent is usually a process or an invention, not a design. Contact a good intellectual property attorney.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Copyright and Trademark for California on
Q: Can I use the name “Lakers” on purple t-shirts?
Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Until you get caught, then you have to pay licensing fees and have to disgorge all your profits.

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1 Answer | Asked in Contracts, Copyright and Intellectual Property for California on
Q: Does an addendum to a talent release for services override the original release? Or is it in addition to?

Signed talent release for my services as an actor(music video) and photographer(still film self-portraits). Part of the release grants license for prod. co. to use photos I took on set but explicitly states I get to keep copyright/ownership of my photos (which I made sure they added in). Long after... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 6, 2020

You took the trouble to outline your matter in considerable detail and you await a response for five weeks. It could be difficult for the copyright, entertainment, and intellectual property attorneys here to answer your question. Any attorney is going to need to see the contract, and the format of... Read more »

1 Answer | Asked in Consumer Law, Copyright and Products Liability for California on
Q: Hello, I plan on having a bottled beverage company. Where do I start in making sure my company's name is trademark?
Evelyn Suero
Evelyn Suero answered on Sep 5, 2020

Trademark registrations may be filed as Intent to Use ahead of time, however proper clearance of the trademark should be conducted to ensure that the trademark is not being used by anyone else in the same or related class/category. Work with a trademark attorney to assist you.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I would like to trademark the name ab roller for example. Would I registered it as "the ab roller" or "ab roller"?

Furthermore, if I only register the trademark under the name " The Ab roller" can someone later on come and a file trademark under "Ab roller" for the same line of business being conducted?

Greatly appreciated your help~

Evelyn Suero
Evelyn Suero answered on Sep 2, 2020

Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I have an abandoned trademark I started through LegalZoom is there a way to pickup where things left off?

I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again

Joanne Belasco
Joanne Belasco answered on Sep 2, 2020

If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.

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2 Answers | Asked in Copyright for California on
Q: I want to learn about dictionaries copyrights.

I want to learn about dictionaries copyrights. I would like to publish an English learning book and this book will contain some words with their definitions. Is it okay to take the word definitions directly from dictionaries?

Maurice Mandel II
Maurice Mandel II answered on Jul 21, 2020

I am not an intellectual property specialist, however, the material in a dictionary is not in the public domain, and my suggestion is do not copy the entry without written permission from the publisher.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Consumer Law and Copyright for California on
Q: What is the best way to protect an idea for an invention
John B. Hudak
John B. Hudak answered on Jul 18, 2020

Consider consulting with a patent attorney to determine if your idea/invention can obtain patent protection.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts...
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2 Answers | Asked in Copyright and Trademark for California on
Q: Is this brand and logo available to trademark under a new owner?

I would like to copyright or trademark it if available.

Tania Maria Williams
Tania Maria Williams answered on Jul 15, 2020

We can't see what brand you're referring to. You should contact an IP attorney to help you protect your ideas. Feel free to call me if I can be of assistance.

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1 Answer | Asked in Copyright for California on
Q: The little prince is a public domain now, does that mean anyone can use the characters for commercial use in USA?

I would like to use The little prince characters for commercial use such as mugs, shirts, puzzles etc.. nor sure if it is legally allowed.

Maurice Mandel II
Maurice Mandel II answered on Jul 9, 2020

A wonderful book. However, you better check again whether the IMAGES are in the public domain. A cursory search that I did said maybe not until 2045! A good Copyright/ Trademark attorney will advise you properly and help you to protect your investment. You would not want to spend a lot of money... Read more »

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