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California Intellectual Property Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: If a patent is showing as “abandoned” is the product free and clear?

If there are multiple companies producing a product currently and all I can really find is abandoned status patents is it free and clear? What if other companies are claiming patented on websites but I can not find??

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answered on Mar 13, 2024

In the United States, including California, if a patent is listed as "abandoned," it means that the patent application process was not completed, or the patent holder failed to pay the required maintenance fees. As a result, the invention is no longer protected by patent rights and enters... View More

1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for California on
Q: Chinese company wants to use my registered business name and internet search words- whether I allow or not

I have been receiving letters from Chinese registry asking if they may use my company's registered name for their client, just with other than .com extension. I have answered that I only keep the xxxxx.com name, which has been registered after my company since 2002, only with other than .com... View More

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answered on Mar 13, 2024

You have certain rights to protect your registered business name and intellectual property. Here are some options you can consider:

1. Trademark protection: If you have registered your business name as a trademark with the United States Patent and Trademark Office (USPTO), you have legal...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: can I use the technology behind the vertimax machine, the pully system, but construct it a different way?
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answered on Mar 8, 2024

In California, as in many other jurisdictions, using the technology behind a product like the VertiMax machine, specifically the pulley system, and constructing it in a different way requires careful consideration of patent laws. If the technology or any of its critical components are patented,... 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.

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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.

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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?
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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

3 Answers | Asked in Trademark and Intellectual Property for California on
Q: is it possible re-register my trademark

ACADIGM

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answered on Mar 4, 2024

Yes, you can re-register your trademark "ACADIGM" under certain conditions. Trademark registration is designed to protect your brand and ensure that it is uniquely associated with your products or services. If your trademark has expired or if there have been significant changes to your... View More

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: is it possible re-register my trademark

ACADIGM

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 4, 2024

Registration No. 2745216 for the mark ACADIGM was cancelled in 2012 for the owner's failure to submit proof of continuing use in the sixth year after registration. No other application to register ACADIGM is pending. If the owner's use has continued, a new application should be filed... View More

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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How do I trademark my ens legis? I have durable power of attorney over my ens legis and I have it copyrighted.

U.S. state national

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answered on Mar 2, 2024

To trademark your ens legis, or legal entity, it's crucial to understand that trademarks in the United States are meant to protect brands, logos, names, and symbols used on goods and services to identify their source. If you have durable power of attorney over an ens legis and have already... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I have a patent for AI edge computing that Intel may be intereted. Please let know where to send it.

I am a patent holder and inventor of a novel intelligent edge computing solution that Intel may be interested. This patent, “Classification System”, USPN 11144748, issued 10/12/2021, describes a scalable, low-power, and real-time solution that can perform machine learning functions such as... View More

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answered on Feb 29, 2024

To approach Intel with your patented technology, it's advisable to start by visiting Intel's official website. Look for sections dedicated to innovation, partnerships, or technology licensing. These areas often provide guidance on how to submit proposals or inventions for consideration.... View More

2 Answers | Asked in Entertainment / Sports and Intellectual Property for California on
Q: My father was a Hall of fame football player some companies are using his image and making your own sports cards do they

DO they need my permission TO use his image and name to make money without my authorization. Do they need my permission YES or NO ?? Thank's very much. George... View More

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answered on Feb 28, 2024

Under California law, the use of a person's image or name for commercial purposes without permission could infringe on their right of publicity. This right extends to celebrities and public figures, allowing them to control how their persona is used commercially. It's designed to prevent... View More

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1 Answer | Asked in Contracts, Intellectual Property and Trademark for California on
Q: Hello, I would like to get permission to sell some Saltburn merch on eBay that I created the items that I will be sellin

selling our T-shirts, hoodies, blankets, socks, posters, crewneck, sweatshirts, canvas posters, and more. I will have Multiple’s of each. And also different colors for each. Also Amazon, and Walmart Etsy

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answered on Feb 28, 2024

Selling merchandise related to a specific place or brand on platforms like eBay, Amazon, Walmart, and Etsy requires attention to copyright and trademark laws. If "Saltburn" refers to a protected place name, logo, or other trademarked material, you need to ensure you have the right to use... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for California on
Q: If I alter the logo and include a disclaimer on my store stating it's a different brand, will a trademark still be valid

I recently got a copyright, intellectual property infringement notice, or a DMCA on my product saying it was violating the trademark of a product called tush baby. When I researched the trademark, it said quotation mark baby carriers; baby carriers weren’t on the body; baby carriers were on the... View More

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answered on Feb 22, 2024

Altering the logo and including a disclaimer on your store that it's a different brand might not be sufficient to avoid trademark infringement issues. Trademarks protect brand identifiers that distinguish goods or services from those of others, including logos, names, and even distinctive... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: I sell a product that another brand has trademarked how much do I have to change the product so the trade mark is invaid

I recently got a copyright intellectual property infringement notice or a DMCA on my product, saying it was violating the trademark of a product called tush baby, when I researched their trademark it said " Pouch baby carriers; baby carriers worn on the body; baby carriers worn on the hip with... View More

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answered on Feb 22, 2024

Navigating trademark law involves understanding the distinction between the trademarked brand identity and the generic product type or category. A trademark protects brand names, logos, and specific phrases used to identify the source of goods or services, not the generic product itself. Thus,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello,The defendant in an IP case has a reservation for a demurrer that’s 30 days away. Can I file my opposition now?

Can I file and serve my opposition now or do I need to wait closer to the date?

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answered on Feb 22, 2024

In California, the timing for filing and serving an opposition to a demurrer is governed by specific rules. Generally, your opposition to the demurrer must be filed and served at least nine court days before the scheduled hearing date. This allows the court and the opposing party adequate time to... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to trademark a name and what is the process
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answered on Feb 21, 2024

The cost to trademark a name in the United States varies, primarily depending on the filing basis and the number of classes of goods or services under which the trademark will be registered. The basic fee for an electronic application through the United States Patent and Trademark Office (USPTO)... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I use these fonts commercially?

I want to use a couple of fonts (Cabin by ImpallariType and Liberation Sans from Liberation Fonts) which it says are licensed under the Open Font License for YouTube videos which I plan to monetize. I want to make sure that I am actually free to use them commercially for free before using them... View More

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answered on Feb 21, 2024

The Open Font License (OFL) allows you to use fonts like Cabin and Liberation Sans for commercial purposes, including monetized YouTube videos. However, it's important to review the specific terms of the license to ensure compliance with its requirements. The OFL typically permits you to use,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Is there any copyright infringement for summarization of newsletter texts with AI tools?

I’m working on a startup idea that focuses on summarizing specialized newsletters content and send it to them via email. In the summary, there will be link to the newsletter full content.

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answered on Feb 21, 2024

Here are a few key considerations around potential copyright infringement for summarizing newsletter content using AI tools:

- Newsletters are typically copyrighted content, so reproducing substantive portions of the text without permission could constitute copyright infringement. However,...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Does the following mean the priority date is Aug 9, 2014? Anyway to get a copy of the provisional?

"This application is a continuation-in-part and claims benefit of U.S. patent application Ser. No. 14/821,555, filed Aug. 7, 2015, which is a non-provisional and claims benefit of U.S. Provisional Application No. 62/035,412, filed Aug. 9, 2014, the specification(s) of which is/are incorporated... View More

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answered on Feb 21, 2024

Yes, your understanding is correct. Breaking this down:

- The application claims priority and benefit back to a provisional application filed on August 9, 2014.

- This establishes August 9, 2014 as the effective priority date for assessing patentability, including the novelty...
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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: If I create my own artwork on a T-shirt honoring a celeb. Is it legal? I plan to mail it to them.

I plan to use this celeb likeness and facts about their career. This T-shirt will NOT be for sale and is only intended for that celeb.

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answered on Feb 21, 2024

Creating artwork featuring a celebrity's likeness and career facts on a T-shirt for personal use and gifting to the celebrity typically falls under the realm of freedom of expression and may not constitute a violation of intellectual property laws. However, it's essential to consider the... View More

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