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California Intellectual Property Questions & Answers
1 Answer | Asked in Civil Litigation, Construction Law, Intellectual Property and Small Claims for California on
Q: What is the law regarding replacing sentimental property that is damaged in the state of California

I had a leak in my ceiling in the apartment I rent. They rushed me out put me in another apartment but they damaged a lot of my property and a lot of it with sentimental value including an airplane propeller that my ex-boyfriend UPS to me when I got my bachelor's degree from flight school he... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

This would not be an intellectual property question, but there's not really a law in regards to this. This would be more appropriately a question for the insurance company that was used to fix the ceiling. As far as I know though, most insurance companies don't give any additional value... Read more »

2 Answers | Asked in Intellectual Property for California on
Q: Would a website with a brand name in its domain infringe if it linked to sites offering services similar to that brand?

For example, would the domain name degoogle.com infringe on Google's trademark if the website at that domain displayed affiliate links to more private alternatives to Google's services, such as email, online documents, etc.?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 22, 2021

Yes it would.

Consult with and Attorney.

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I am using a paid language learning program to study a language and wondered if making flashcards would be infringing

I am using a paid language learning program to study a language. I want to make my own flashcards based on the words I learned. It will only be accessible to me. Would I be infringing on their copyright and databases? I know the companies compile words in categories and levels.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 16, 2021

You would need to consult with an attorney

Most likely the infringement is discovered when the copied work is put in commerce

1 Answer | Asked in Constitutional Law and Intellectual Property for California on
Q: today the company came and told us that we needed to take out all our things from storage room that they are going to

Board them up we have been living hear for 11yrs and we've had it since then

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Unless occupancy of the storage room is a part of your lease, you need to remove your property before it is disposed of by the owners. If you have a right to the storage area by your lease, then you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Family Law, Elder Law, Intellectual Property and Landlord - Tenant for California on
Q: Hi there, I'm sorry to bother you...I don’t know what to do…

… I have an older sister that is a meth addict and her daughter also following in her footsteps. They both live with my parents that are from the age of 77 to 84. In the short, my sister and loser daughter are stealing money from my parents, blackmailing my dad and pressuring my dad to help them... Read more »

Sally Bergman
Sally Bergman answered on Sep 10, 2021

You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... Read more »

2 Answers | Asked in Copyright, Divorce and Intellectual Property for California on
Q: Is a video on a YouTube channel considered property?

During my marriage, my ex-wife shot video of our daughter, and years later I put it on a YouTube channel while we were still married but intending to divorce. Is the video, now that I've been divorced a few years, considered both of our property (as I've assumed), or her property since... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

The property would likely be joint, as it was shot during your marriage, and California is a community property state. As my colleague has pointed out, the big issue would be on how to properly value the video. But neither you posting it online, or her being the one to actually film it, matters... Read more »

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2 Answers | Asked in Business Law, Contracts and Intellectual Property for California on
Q: If a consulting contract was breached by the client seriously, do I need a ruling to determine it is material?

A client five years ago not only breached a contract by refusing to pay a significant portion of invoices, but also failed to honor several terms such as patenting the work himself without credit or consideration, was destructive to several professional relationships, caused distress, and more.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 14, 2021

Check statute of limitations.

Depending on how long the contract has been paused, that may be a termination of the contract.

Consult with an attorney.

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1 Answer | Asked in Business Law, Contracts and Intellectual Property for California on
Q: Should I respond to an old client who had not paid invoices and just resurfaced offering to pay? Or best via a lawyer?

This was a startup company. The president was a very difficult scheming person to deal with. He paid the majority of my invoices to him early but later on in the relationship did not, and when I ceased work irately criticized me. He claimed he did not have the money to pay me but paid patent... Read more »

Yelena Gurevich
Yelena Gurevich answered on Aug 14, 2021

You say it's 5 years later. in California, you have 4 years to enforce (i.e. sue on) a breach of written contract. Since you did not sue him within the statute of limitations, you have no legal way to collect. So if he's offering to pay you, take the money and run. You can spend money... Read more »

1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Are name variations of already existing companies legal?

I had an idea for a company that similarly operates in the same way as AirBnB. But it relates to Dungeons & Dragons, called AirD&D. The basic premise of the company would be that people could post locations that can be rented out for single or ongoing campaigns or game sessions that are... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Maybe, depends

You need to have a consultation with an attorney

In general if the marks are in related areas, there may be a conflict

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.

2 Answers | 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 »

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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 »

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