California Intellectual Property Legal Questions

The copyright in the molds extends to the molds.  You could not copy and sell the molds themselves.  However, the molds are sold with the intention that people use them to create articles.  The rights of the copyright holder of the mold design do not extend to the articles created with the mold. That said, as I advise all parties who base a business on intellectual property, you should obtain a private opinion upon which you can rely that is specific to your facts from an intellectual property attorney in your jurisdiction.  A short, relatively inexpensive consultation should suffice.  Obtain a quote for the servife in advance.... Read More

You took the photograph, and normally this automatically creates a copyright that your own in the photograph.  This right allows you to exclude unlicensed parties from copying, creating derivative works or publicly displaying your photograph. However, photo contests in which contestants provide photos are usually conducted with the expectation that the contest holders will publish some of the photos that are provided.  With this in mind, the parties that conduct such contests usually have some sort of agreement that entrants sign that gives the parties running the contest the right to reproduce photos that have been submitted. Do you have copies of your original entry materials from 2014?  If you did not grant the Smithsonian the right to reproduce your photo, this matter may merit further efforts on your part and retaining an intellectual property law attorney for private consultation. Regards, Anthony Claiborne 425-533-6132 ... Read More

The "right of publicity" is a type of intellectual property that is relevant for answering your question. I see that you are from California. The right of publicity is state law specific and changes from one to another. Every individual has a right of publicity and a right to protect their name, and likeness. Sometimes right of publicity extends posthumously. A California right of publicity attorney can help you with this question. Best of luck. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

There are overlapping considerations. First, using a name that is confusingly similar to a senior (i.e., first in time) mark is considered trademark infringement. If it causes a reasonable consumer to believe that it is connected to or sponsored by the owner of the senior mark, a court would like strike it down. The two examples that you cite, by themselves, would probably earn a very quick cease-and-desist letter, and if action isn't taken, a lawsuit. However, if you were to use a mark in a way that makes it plain that the senior user does not support you (e.g., stanfordsucks.com), that would be considered "nominative" fair use, and would be allowed. There are also unfair competition laws that would prevent the usages you propose. I advise my clients to stay away from using other marks, because it inevitably weakens your own mark. Choose something that sticks in the mind of a consumer, without referring to others.... Read More

You have a contract, but it sounds like the publisher has breached the contract by failing to perform its obligations under the contract -- specifically, the publishing part. 1. Send a letter to the publisher, documenting everything you've done to get the publisher to perform. Keep a copy, of course. 2. That letter should have a deadline; the publisher will have to get back to you by a certain date, or you will consider them in breach and will get the book published elsewhere. 3. The day after the deadline (assuming, as is likely, that the publisher will not respond), send a letter saying that the lack of response confirms their intent to breach the contract, and that you will begin shopping the book elsewhere. Reserve your right to seek damages.... Read More

Yes, if you have been diligent and did not discover the infringment until now, then under the California Discovery rule, you CAN file now.  More information is required to determine if you meet that criteria.   Your best bet would be to consult with an intellectual property attorney. ... Read More

Interesting question. There is a four-part test for fair use. The first two parts deal with the question of the purpose of the (1) original work (the movie),  and (2) the use -- your audio commentary. While a podcast can be strictly educational, most seek revenue through the sale of ads, and the like, so your use would probably be considered commercial -- as is the movie. Those two tend to cancel each other out, so now we go to the remaining two parts, which are usually the most important. (3) How much of the original is being used? If you just using snippets to illustrate a point (e.g., from The Empire Strikes Back, "Luke, I am your father!" "Nooooo . . . ."), that is a great example of fair use. However, if you are using the entire soundtrack, then that is likely to be found to be an infringing use. (4) What is the effect on the commercial value of the original work? Commentaries are now an important Blue-Ray feature, and the studios would argue that copying the entire soundtrack for commentary would likely diminish the value of their product -- and I believe that a court would likely agree with them. Thus, if you are using a few (2, 3, 5, etc.) minutes of soundtrack, that would have the best chance of being found to be fair use. Using the entire soundtrack, however, will most likely result in a lawsuit for copyright infringement, and a finding of liability.... Read More

1. Do not sue the court; it will waste your time and resources. An interlocutory appeal is highly unlikely to succeed, even if your appeal has merit, and I do not see any merit. 2. It is a very rare case that is sealed. It has long been a bedrock principle here in the United States that judicial cases are public. There are exceptions for some criminal cases and national security issues, but those exceptions are rare, and just for the government. 3. To the extent that you want to have a case sealed against the defendant(s), basic constitutional due process forbids that, and there are no exceptions.  4. The judge knows what she or he is doing. Antagonizing the judicial system and accusing it with collusion with pirates is counter-productive, at the very, very least. 5. I'm not sure what you mean when you say that your "USDC case charges internet copyright pirates, similar to federal cases." A USDC case IS a federal case.  You need to have a qualified lawyer review your case to make sure it has merit. If it doesn't, do yourself a favor and dismiss it as soon as you can.... Read More

Here's the good news: Congress specifically exempted photographs or artistic renditions of buildings. See 17 USC 120(a):   (a)Pictorial Representations Permitted.— The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.   That means you are free to use a photograph of a building in its environment.   The more nebulous issue is making sure that using that picture doesn't convey that the owner endorses your use. Not using the official logo or not making a claim of a connection will probably be enough -- but no one can ensure that someone else doesn't overreact.  ... Read More

Let me try to recast your facts in a manner a lawyer can understand, and then I'll have an answer for you. You and the partner wrote a few songs. He has recorded those songs onto an album, and is playing them live. I assume that (1) he is not giving you credit for the songwriting, (2) is not using any of your performance -- just the songwriting, (3) there is no written agreement for him to take over sole ownership of the songs, and (4) he is making some money from those songs. The following is based upon those assumptions; if the assumptions are incorrect, then the advice would be different. 1. You have rights to the songwriting and whatever profit that has brought. In the absence of a written agreement, both of you jointly and severally own those songs, and can use them, license them, etc. 2. You need to consult a lawyer experienced in entertainment law to disucss what your next step might be, from a cease-and-desist letter to litigation. While what you describe is not, technically, copyright infringement, you do have a right to reimbursement for your contribution to the songs.... Read More

Lawyers.com is the right place to be to find a good copyright infringement lawyer. Use the "Find A Lawyer" function, type in "copyright infringement" and your city or zip code, and you'll get a list of experienced copyright infringement lawyers. As one, I'm very happy that you have registered your works with the US Copyright Office -- that will help you a lot.... Read More

1. People in public area may be photographed. There is a limitation on it, in that you cannot use it  to endorse a product or service without their permission (they have a right of publicity), but that isn't an issue here.  You cannot take a picture of them (without their permission) in a place like their home where they have a reasonable expectation of privacy. The Supreme Court has ruled that once someone puts something out in the trash, they are surrendering possession, and you can do what you wish of it, including taking it or taking pictures of it. The best solution is to simply take a picture of the trash itself, and explain where and when it was taken.... Read More

Thank you for the question.  Our Firm has worked on similar matters with Facebook and can certainly contact the legal department at Facebooks.  The cost for a contacting the Legal Department and writing a letter on your behalf from our Law Firm is $500.00 If you are interested in discussing this matter further please take a look at our website (www.arapackelaw.com) and "Book at Time" for a call when you have a free moment.  Have a great day.   Sincerely, Andrew S. Rapacke The Rapacke Law Group, P.A.... Read More

Thank you for your question. If you have created a original literary work (i.e., book) then it may be copyrighted. Our Firm charges $225 for a copyright and can have it complete with 24 hours. Please call our office 407-801-9368.   sincerely andrew Rapacke The Rapacke Law Group www.arapackelaw.com... Read More

First, congratulations to your daughter -- writing and publishing a book is a major accomplishment. Second, she should register her copyright right now, as in today. Go to www.copyright.gov and she can do it herself if she has (a) a credit card to pay the $55 fee, (2) an electronic copy of the book, and (3) knows her name, phone number, address, email address, and when the book was published (in other words, basic information about her and her book). if it is less than ninety days since your daughter published her book, the registration can relate back to the date of publishing. Even if it is more than 90 days, any infringements that occur after the date of registration (which will usually be the day the registration is filled out) will be statutorily protected. Third, even without a registration, your daughter still has a copyright. Registration is not mandatory, and still provides some protection, although registration has more and more powerful remedies. Fourth, contact an intellectual property lawyer near you to write a cease-and-desist letter. While your daughter can do it herself, people tend to sit up and take notice when it is on a law firm's letterhead.... Read More

It is possible that this company is violating your trademark, although infringement in this case is dependent upon a number of factors, including which business has priority (who started using the mark first), how strong ElectroRide is as a trademark (vis a vis third parties using similar marks in a similar field and also depending on the descriptive nature of the wording ElectroRide as used in connection with electric products like bikes, etc...), and the relatedness of the services offered by both businesses.  There are a number of other factors that should be considered as well, but these few factors will help to focus the analysis.  Let me know if you need any help.  You should seek the advice of a lawyer here.... Read More

You do not appear to have either a copyright claim or a trademark claim. For a copyright claim, there would have to be copying and this could not occur if the other company never saw your work. Furthermore, short phrases are not protectable by copyright which is multiple books and songs have the same title. As for trademarks, to be have a claim, there would have to be a likelihood of confusion, which is not the case for a book or movie title relative a mining and metals company. Moreover, without a trademark registration in Mauritius, you would have no trademark rights to enforce there.  ... Read More

Your question is a bit hard to answer in the abstract. If the name is an original one, and the other party is in Canada, there is probably very little risk unless you are in a "related-industry" scenario. Much will depend if the Canadian firm is doing business in the US. You could try to obtain the consent, but if they don't know about your existance it might be like waking a sleeping dog. ... Read More

If you are truly talking about the circuit drawing, that is something that you would register as a copyright, and not patent. If, on the other hand, you really mean what a circuit does, that may be something for which can obtain a patent. You need to consult with an Intellectual Property Attorney who can advise you on your specific situation.... Read More