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California Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: This is our grandfather and we are getting zero royalties from any of his patents.

Please ask in person or on the phone.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 25, 2021

Consult with an attorney.

It will depend if your grandfather licensed or assigned his rights.

Also patents expire, so if it was long time ago, it is natural that the royalties stopped.

1 Answer | Asked in Criminal Law, Domestic Violence, Intellectual Property and Landlord - Tenant for California on
Q: Last night my boyfriend, 19, got into an argument with his dad. His dad told him to get out or he’d get his gun.

He pays rent as well, and his dad gave him absolutely no warning, but as soon as he said he was getting his gun, he went upstairs and we left as quickly as we could. He didn’t give him the opportunity to take any of his personal belongings, which he owns all of so hopefully his dad won’t touch... Read more »

Joseph Abrams
Joseph Abrams answered on Jul 25, 2021

I'm not sure kind of legal advice you are looking for? If you're concerned about an illegal eviction, there may be some novel legal argument to make, which is not my area of practice. If your concerned about threats that were made, you can report them to your local police department if... Read more »

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: How long is a "patent pending" status good for and what happens after this period ?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 8, 2021

"Patent Pending " means that an application for a patent has been filed for the particular product, system or method with the United States Patent and Trademark Office (USPTO). The status "Patent Pending " ends with the final disposal of the application by the USPTO, which... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I was writing a story with a friend and they abandoned/gave up their rights, does it make me the owner now?

A friend of mine and I were both writing a story together with the intent to publish it once we were fully done. I'm aware that this makes us both co-authors to it. However, they decided to give up on the story, transferred ownership of the documents since we were using Google Docs to write... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 5, 2021

To be safer have everything in writing. Consult with an attorney.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: USE OF CANNABINOIDS IN THE TREATMENT OF INFLAMMATORY SKIN DISEASES GW pharmaceuticals Can I apply for a patent

I’ve developed a few process to extract cannabinoids from the cannabis plant and after reviewing GW patents am I able to apply for any patent concerning cannabis?

Thank you

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 1, 2021

In general, processes for extracting cannabinoids are patentable. Having said that, you should hire a patent atto

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I create a domain name, and if the domain name happens to be someone's Twitter handle, is that a illegal?

In other words, if the domain name I've created and purchased also turns out to be someone's personal Twitter handle (not a business), would that be a violation of any copyright/trademark/intellectual property laws?

Omar Darwich
Omar Darwich answered on Jun 27, 2021

The most likely answer you're going to get here is "it depends".

You should feel free to consult with an attorney so you can discuss more specific facts.

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1 Answer | Asked in Intellectual Property for California on
Q: Does the gift law (common law) apply to every state?

The reason why I ask is because a former friend had given me gifts of intellectual property a few months ago (character designs), and now they are demanding that I give them back because we aren't friends anymore. I have evidence that they were gifts and I'm aware that you cannot revoke a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 26, 2021

It depends on what they gave you and what rights they transferred

They may given you a painting for example, but they may retain the rights to commercialize it.

Consult with an attorney.

1 Answer | Asked in Intellectual Property for California on
Q: When sending a cease and desist letter, do I also have to provide evidence of the infringement with it to the receiver?

It's pretty much as straightforward as it gets. I've been highly wondering about it.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 25, 2021

A C&D letter is a letter and you can include whatever you consider to be relevant.

Consult with an attorney.

1 Answer | Asked in Intellectual Property for California on
Q: How exactly is IP defined in a venture studio program if the only thing presented were concepts is that truly IP?

I was part of a corporate venture studio program run by a local VC fund. I signed an agreement that they would own any IP I came up with in the program. However, I'm not sure I created any? I presented two concepts, but didn't do any development on them. Is that really IP? could I argue... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 25, 2021

Before you get into problems you should consult with an attorney.

You may want to talk to the people at the company and the Fund as well.

2 Answers | Asked in Intellectual Property for California on
Q: Trademark Infringements and I don't know what to do ... need to find a lawyer to hire?

above - my email is whimsymecandles@gmail.com and my telephone number is 845-797-1574. please leave a message and i will call you right back if i don't pick up. i believe i may need an attorney for this type of issue long-term. thank you!

I rec'd the following email re my... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jun 1, 2021

Correct me if I am wrong..

You have a registered trademark for Candle Therapy by Whimsyme. Someone else is trying to register a trademark for Candle Therapy, and the examiner rightly refuses registration because of likelihood of confusion. So they are threatening a fake lawsuit to push you...
Read more »

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1 Answer | Asked in Contracts, Products Liability and Intellectual Property for California on
Q: I would like to know how to contact an Inventor with whom i have invested money with

I have not seen or heard from him in years and I've been trying to find him

Tim Akpinar
Tim Akpinar answered on May 21, 2021

A California attorney could advise best, but your question remains open for four weeks. There are the usually ways you probably are already aware of, in terms of online research tools. You could speak with an investigator. Some full-service process serving companies hold themselves for such work.... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I just passed the California bar exam. I work as a chemical/ petroleum engineer and looking for a part time job in

In intellectual property ( patent and trade mark ) . I am looking for a mentorship. please let me know if you know an attorney who is interested to offer me a job or internship or metorship.

Thank you in advance .

Naz.

Peter D. Mlynek
Peter D. Mlynek answered on May 21, 2021

Congratulations on passing a state bar, Naz!

Although I can't offer you a job right now, here are a couple of points:

(1) You need to decide if you want to go into patent prosecution or patent litigation. Those are two separate practices. Although there are attorneys who...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Does Hartwall have a patent for the striped design of their cans?

Hartwall Long Drink designs

Peter D. Mlynek
Peter D. Mlynek answered on May 2, 2021

I do not know, but it is almost guaranteed that any company that supplies its products around the globe would have some sort of a protection on its products. Please do not copy it for your line of beverages without checking with your intellectual property attorney.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Patent stolen and manufactured in china.

In the current company(Los Angeles, CA) I work at, my manager is cheating the company by manufacturing in china.

We have built couple of products and got the patent for them. We built a prototype using the same technology but in different package. I was part of the design team for the... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Mar 22, 2021

Many pieces of the puzzle are missing. Is the manager working with a different company? Who is selling it? Does your company know? There are many more facts needed to determine if something is wrong here. If you are serious about the inquiry it would probably be necessary to get a consultation from... Read more »

1 Answer | Asked in Intellectual Property and Internet Law for California on
Q: Copying my products from Alibaba to Amazon

I am a seller on Alibaba and would like to copy my products to a new Amazon account. But I have read the below in Alibaba t&c's. Does this mean as the IP owner I cannot use my Alibaba content to copy and upload new products to my Amazon account?

3.2 You agree that (a) you will not... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Mar 19, 2021

Facts are needed for an answer. For example, what content was contributed by Alibaba? What content did you use before you were on Alibaba? Also, you appear to be ignoring Amazon T&Cs. The words of the T&Cs are not self explanatory and need to be interpreted. It looks like the choices are to... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Hello, would this name violate a word trademark if the products are very different?

Hi,

I thought this would be a quick and easy question for someone here who wanted to help. Unfortunately, I'm not really in a financial situation to hire an attorney/lawyer.

I'd like to publish a book with the title "___ for Potato Heads" similar to one of those... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

No, sorry, you'll likely cannot use "____ for Potato Heads" as a series title.

Why don't you do what the Beatles did when they wanted to record "Dr. Pepper Lonely Hearts Club Band"? Just work rework it from "___ for Potato Heads" to "__ for...
Read more »

1 Answer | Asked in Business Law, Copyright, Identity Theft and Intellectual Property for California on
Q: INTELLECTUAL PROPERTY Can we make arguments for laws around transmission of signals being focus by trajectory on human

C

If processing of signals constantly being held consistent of my attention and/or just comprehension of just auditory vibration of non audio frequency in turn creates a usable feature for in chip processing products and telecommunications. So communication by exchanging of similarities... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 17, 2021

Exactly what are you trying to accomplish? Your question is not clear.

2 Answers | Asked in Intellectual Property for California on
Q: What sort of IP protection is the best for biologic based surgical devices?
Robert Philip Cogan
Robert Philip Cogan answered on Feb 8, 2021

There is no one-size-fits-all answer unless you do not care about maximizing your chances for success in establishing a market position or in making a profit. It helps to know what the product is and what the market looks like. Patent, trademark, copyright, and trade secrets each provide different... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Intellectual Property for California on
Q: My boyfriend mom has removed sold his belongings from his room and she took his dad name off deed to house without him a
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Not your problem. Let them go to a real estate or Personal injury attorney.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Identity Theft, Intellectual Property and Internet Law for California on
Q: Hello, since when are "security agents" danish welfare recipients in Mexico. Those people are stalkers and thiefs.

*Since when are they danish welfare recipients?

There has been defamation surrounding my nationality status. It appears to be that what I did under a danish nationality has been transferred to other people due to claims of it being false, which is a lie, as I even hold father's... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 26, 2021

more info needed.

i don't understand what you are asking and suspect my brethren won't either.

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