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California Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property, Real Estate Law and Tax Law for California on
Q: I just want to know why caretaker cousin who put my both parents are deseced put property in caretaker cousin name
Carli Jo Aelker
Carli Jo Aelker
answered on Dec 7, 2022

Hi, you may want to reword your question. If you are asking why your deceased parents put property in someone's name, no one can really answer that. Since they are deceased we are unable to tell what their intent was. They may have just wanted the individual to inherit the property when they passed.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Trademarks vs. copyrights?

Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?

Erik Špila
Erik Špila
answered on Nov 12, 2022

Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: IP question. If you sell a Zippo lighter on eBay they will have the listing removed for using the name Zippo.

Would this hold up in a court if you were to sue them when you were just selling a real (and more likely used) zippo?

And what if you painted the lighter to decorate it? would Zippo be in the right then for modifying it?

Thanks

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

Speak with an intellectual property attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Intellectual Property and Juvenile Law for California on
Q: An employee took a video of a child at a private tennis court and posted on social media and it went viral. Legal?

The child is 9. The employee was taking videos of the court for marketing purposes. This video was not used on the company account but was posted on a personal Instagram account that is used for personal gain. The post encourages violence but does not violate the community guidelines of... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 27, 2022

This question is posted in the employment law section of this site. This is not an employment law question. It is, instead, an intellectual property/usurpation of name and likeness claim. The parents need to find an attorney who works in that field.

Good luck to you.

1 Answer | Asked in Employment Law and Intellectual Property for California on
Q: Can I make suggestions to client company outside scope of work?

I am employed by company A, which sells my labor to company B. Company B is a large tech corporation, and I occasionally think up features for a totally different part of the business. I would like to pass some of those suggestions on, but don't want to run into intellectual property problems... Read more »

Brad S Kane
Brad S Kane
answered on Oct 25, 2022

I think the first step is asking your manager, so your employer does not think you are trying to compete with your employer.

Q: How would copyright or patent for musical equipment work internationally?

Let us say that Country XYZ has no such thing as copyright infringement and they make musical gear

with preexisting recordings from other companies, and it is perfectly legal in that country.

If a musician in the USA, where it would not be legal to use preexisting recordings from... Read more »

David Luther Woodward
David Luther Woodward
answered on Oct 23, 2022

What you propose sounds a lot like copyright infringement. I don't understand your terminology--like what do you mean by "gear". An instrument, to me, is a horn, a guitar, a piano, etc., not something that reproduces pre-recorded data.

1 Answer | Asked in Copyright, Intellectual Property and International Law for California on
Q: Do "imported" music/synthesizer software have to meet US regulation on sampling and copyright? Or only in that country?

Hello. If I wanted to purchase a virtual synthesizer from a developer abroad that followed the sampling laws of the country it was made in, could I use that synthesizer in my music? In other words, if the sampling laws of that country were different than that of the US, how would that effect what... Read more »

David Luther Woodward
David Luther Woodward
answered on Oct 23, 2022

I don't really understand your question, but intellectual property protections like trademarks, copyrights and patents protect the owner's rights, not yours nor that of the U. S. Government--while there are criminal infractions of various relevant statutes.

If you have permission...
Read more »

2 Answers | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to establish a trademark? Does it vary state to state? I live in California.

I want to trademark my brand name which I wish to sell products under.

Erik Špila
Erik Špila
answered on Oct 22, 2022

Yes, every country has different pricing. If you want to have trademark in USA, then the price will be different than if you want to have trademark both in USA and European Union. For exact list of charges you can check the local industrial property office (USPTO in USA and EUIPO in EU, for... Read more »

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2 Answers | Asked in Intellectual Property for California on
Q: I am a music artist who perform since 2017 and have my nickname since i'm a child Blactina and a brand take my name !

On their file it say

"Name/Portrait Description and/or Consent StatementThe name "BLACTINA" does not identify a living individual"

I am a living individual who is indentify as BLACTINA

There is an issue

James R. Dickinson
James R. Dickinson
answered on Oct 7, 2022

More information is needed, speak with an IP attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I get my handmade wire wrapped jewelry art protected by design by copyright or trademark
Erik Špila
Erik Špila
answered on Sep 29, 2022

In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.

If you need any further advice...
Read more »

1 Answer | Asked in Intellectual Property for California on
Q: Im not sure how to make sure my intellectual property does not get stolen, they may have connections in creating my idea
James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

I believe you've asked similar questions on Justia. As stated before, more information is needed. What can be said, based on what you've provided, is that you should speak with an IP [Intellectual Property] attorney in your area. [I litigate cases. Anything posted here must not be... Read more »

Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

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... Read 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... Read 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... Read more »

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... Read 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.... Read 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.

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... Read 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... Read 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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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: need to finalize or resubmit a patent application

patent was considered abandoned. previous attorney not responsive to questions.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 12, 2021

You should discuss with your patent attorney whether it makes sense to file a petition to revive an unintentionally abandoned patent application.

https://www.uspto.gov/sites/default/files/documents/sb0064.pdf

If the abandonment was indeed unintentional, then the fee to revive may...
Read more »

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