California Entertainment Legal Questions

This is an excellent question and one I get very often. You are correct in that the standard is, is the new mark likely to cause confusion in the marketplace. Given that your trademark is registered and pre-dates the new usage of this third party and that their usage is in the same industry, the likelihood of confusion is high. Based upon your statement of facts, I believe you would have valid claims for trademark infringement against both the owner of the third party using your name and the website allowing the infringing posts and possibly even the ISP of the website for contributory trademark infringement. Because you fall under the Lanham Act, you would have the possibility of recovering triple damages, plus costs and attorney fees. I would begin by sending a cease and desist letter to the infringers as this would be the most cost effective method of securing their compliance. If this did not secure their compliance, I would file a federal lawsuit seeking an injunction baring them from using the name. The cost of a cease and desist is relatively low, about $500. The cost of obtaining an injunction (court order) can be substantial. I always try to get these matters resolved before fees get to high, but remember, attorneys fees may be recoverable against the third party infringer.... Read More

I would need to see the Terms of Service to be able to tell you an answer. Most Terms of Service include a clause that says they can change the rules any time they want and give you notice by posting the new Terms of Service on their website. If you really dislike the new dragon breeding code, try asking for a refund and say you prefer to play the free game since they changed the rules. If that does not work, just stop playing the game and find one with rules you like better. But be aware, other games also change their rules from time to time. Most things on the internet have a free version and paid versions. Once you are converted into a paying customer, it can be hard to cancel the service. Read the rules carefully and be sure you are actually canceling, so you do not continue to be billed. ... Read More

In most cases, yes. However, some copyrighted materials are placed on the Internet for the specific purpose of being used by others. Check the web site for its policy on using the pictures. Be aware that a large amount of the content of the Internet has been stolen from the rightful copyright owner. Downloading stolen material may involve you in legal proceedings against the thieves.... Read More

I would need to read the license to see what it says. When a software company licenses, rather than sells, software, normal copyright law does not apply. Also, many such contracts are not valid, because they have no consideration. Often, such contracts list only the rights already given by law, and then take away many rights, and charge the user a fee. Since there is no consideration given for removal of the user's rights, the contract may not be a contract at all. If the contract is presumed valid, the next step is to see what it says. try reading it yourself, or ask a lawyer. Such contracts vary greatly in what they say. This software licensing situation has led to several things, including Apple macs coming pre-loaded with software, Chromebooks interacting only with Google products, and SaaS, software as a service, where software is accessed online for a subscription or use fee.... Read More

This might be one of the various kinds of P or O visas. The laws are very complex. Any US record label planning to bring in music artists from a different nation to record in the US will need to work closely with an immigration lawyer. The cost of obtaining such a visa is quite high and the process takes months. This is not a job for anyone other than an experienced immigration attorney.... Read More

You are permitted to place a "thumbnail" photo on a website for the purpose of giving potential buyers an idea of what you are offering. The image should not be the same size or image quality as the item itself. You don't want people to be able to download the image instead of purchasing the magazine.... Read More

The rules about beach bonfires in Southern California differ with each beach. Most Southern California beaches maintain a website that tells all the rules. Some do not allow fires at all. of those that do allow fires, they usually require them to be in a fire ring, to use only small wood, not to be stacked higher than 2 feet, to use no treated wood, not to use any pallets as wood fire, and to put the fire out with water only, not sand. Of the places that do allow beach fires, many have a curfew on fires, for example, from 11pm to 7am. A few places do not have a fire curfew. All locations require the fire to be attended by a person at all times. Southern California Beaches do not allow alcohol, glass bottles, dogs, or smoking. So, do not plan to bring your dog, drink beer, and smoke, because you will get kicked out and be given a handful of tickets. ... Read More

I think this would be possible, but would take some good planning. Many states require the name change to be published in a newspaper either before or after the change takes place. This makes the change quite public. Some states, such as Iowa, do not require this. However, Iowa, as most states would, requires the petitioner to be a resident of the county where they are petitioning the court. So you may have to move for a while to a state that has the laws that suit you. Then there is the matter of court records. You must find a state where this particular type of court record is not publicly accessible. It differs greatly state to state which court records are made available to the public. You can research all of this online, or get a lawyer to assist you. However, keep in mind that no matter what the court practices are, there will still be your high school yearbook out there, your old friends and neighbors, and your aunt who is just dying to tease you by revealing that your name was once Humbert Humperdink. Good luck. ... Read More

On the surface, the little league association shouldn't have any authority to control who gets to use public, city-owned recreation property. However, sometimes government entities grant an outside, private group the authority to manage such property as long as the group agrees to abide by certain laws (nondiscrimination of any protected group, for example) and regulations (insurance, maintenance, etc.). Check with your village council, mayor, or whoever has the authority to see what the terms of its agreement with the little league are and who gets the extra fees. Somebody has to cover the costs of keeping a ball field in usable condition and providing equipment. Is it possible that these funds are going toward maintenance or future improvements?... Read More

Most interpersonal trades or sales are final and as-is. Legally, you probably do not need to trade back with him. Practically speaking, if you do not trade back with him, he and his friends and family might cause you trouble for years to come. If he wants to trade back, he also has to give back the $500 and make sure you get a witness to this happening. Also, be sure you are getting your real wheels back and that he did not switch them.... Read More

If that particular store owner does not want you in front of his business, then find a different location. That business owner may not like your music or your appearance or whatever. Many local businesses today pay $25,000 per month or more in rent. What goes on in front of their business is crucially important to them. It's never a good idea to plant yourself in any one spot for too long, because you will wear out your welcome. Also, if you are too loud or using amplification, you may be in violation of the law. Street performers should have a clean, neat appearance and behave in a friendly, non-pushy manner. Remember that your actions may affect all the street performers in town. When a city starts to have too many problems with street performers, the city will often enact licensing and strict regulations. So, if a particular business owner does not want you outside his establishment, move on. And keep moving on. Fifteen minutes in any one location near a business should be your plan. That way, by the time anyone gets irritated, you are gone. Even if your act is fabulous, people do not want to hear it for hours on end. ... Read More

Contact the park ranger or park manager and ask if a horse is allowed, and if so, on exactly which trails. Many places where horses are allowed require a small daily license fee. Most places also limit the gait to a trot or canter and never allow galloping. I give these as examples of questions you should ask the park ranger.... Read More

Basketball is a game of skill and not chance, so this is not gambling, but a sports tournament. Still, it would be best if you did not participate, as the organizer. But if everyone understands that you will be playing, then it is probably okay, if it is stated upfront, so there are no accusations if your team should win. You will need to register with the park and reserve the space. You will also need to check park and city rules as far as running a sports competition on park property. When you register with them, they will most likely require insurance for the event. Do not be surprised if they require $1 million in insurance. However, if you have a good track record, you can probably get that for a few hundred dollars. Also, you will most likely be required to have, and should have, someone on hand who can give emergency aid if someone has a heart attack. If you run the tournament ad hoc without telling the park or reserving the space, you run the risk that someone else will have the space reserved, or that you will be shut down by officials. The money and tournament aspects make this different from friends just playing an ad hoc set of games. ... Read More

If your work is in California, you should get online and contact the California Department of Industrial Relations, Division of Worker's Compensation, or a lawyer who can help you with employment law and compensation claims. You may also want to contact OSHA, the Occupational Safety and Health Administration. The type and quality of ladder or stepladder used on a job is highly regulated. I have seen workers, especially in stores, being required to stand on plastic milk crates, to climb up stacks of boxes, etc. This is all dangerous and illegal. Contact authorities. Using faulty ladders injures and kills thousands of people each year.... Read More

The text is a written contract. I don't know what your contract says. I don't know how he can repossess a bird, since it is in your house and the man is not and you don't plan on letting him inside. He could take you to small claims court for the other $100. You may want to work out some sort of payment plan with him, but get receipts that show the amount owed and each payment made.... Read More

Although the specific required permits vary from state to state and community to community, it is important to notify both law enforcement and the owner/manager of the area. You will also need to notify/warn anyone who uses or has reason to be in the area on the day or days of shooting so they don't accidentally or deliberately interrupt the production. If you can lock the trigger or otherwise secure the rifle from firing during the production, that would be great; otherwise, check the rifle yourself prior to the start of each shot to ensure that everyone on set will be safe.... Read More

Copyright protection covers the work itself, not the underlying theme. So yes, you can write a poem about the same event that Solzhenitsyn did and your work is entitled to the same protection that his has. However, if your poem is too much like Solzhenitsyn's poem, you may be guilty of infringing on his copyright. There is no set number of lines or words that must be copied to establish this kind of violation. Rather, a court will look at whether you had prior knowledge of the work and whether your work brings to mind the previous work.... Read More

An employer may require physical tests or certification if the health of the person in the position is relevant to the safety of the work done in that position. A truck driver who drives on city streets or on private property that is open to public access should not have any health condition, such as epilepsy or serious vision problems, that could lead to an accident . I'm going to guess that the bus drivers are already required to provide health information to get and keep their jobs. The grounds crew drivers may not drive on streets or in vehicles large enough to cause harm in case of accidents, so they may not be required to prove they're in good health. That would leave the five of you who apparently haven't had health testing requirements in the past. As you are out on the streets, it would be a wise policy for the school district to make sure that none of you have any health issues. It doesn't sound like discrimination to me.... Read More