Tomas Michael Flores's Answers

Could I face criminal liability under CA criminal code for chopping off my finger and charging people to watch on the internet

Dear Sir, Please abandon this course of conduct immediately. The District Attorney's Office may charge you and your accomplice with a multitude of crimes, including but not limited to the following, and attempts of the following: "California Penal Code Section 401. Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony." "California Penal Code Section 203. Every person who unlawfully and maliciously deprives a human being...

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How to obtain licensing for an exercise video?

Here's an overview on how to get started: 1. Create, and record your own, independent boot camp videos and literature. Register all materials at the Library of Congress for maximum copyright protection. 2. Come up with four or five names for your boot camp. Take these names to an IP attorney (like myself, for example), and discuss which name is the most valuable. Remember - not all names are created equal. Your attorney will prosecute your name at the USPTO - this helps prevent...

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Intellectual property infringement

Dear Sir or Madam, What type of idea was it? How did you communicate this idea? Generally - ideas alone are not protectable. However, you may be afforded some intellectual property protection if certain requirements are met. I look forward to hearing more about this case. -Tomas M. Flores, Esq.

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CA and federal copyright infringement law, can an altered image be used on a t-shirt without infringing copyright

Dear Sir or Madam, It sounds like you would like to use someone else's image, or a derivative of someone else's image, on clothing. An easy solution would be to purchase a license from the copyright owner. With the proper type of license agreement with the copyright owner, you will be able to legally use the image, and images that you create from the original image. Most importantly, you will be able to sell the shirts legally. An attorney can draft a license agreement for you for a...

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Chinese company with look-alike website

Before we address the foreign entity issue, we must first look at the protected intellectual property issue. The totality of the copying might be so strikingly similar as to warrant an infringement action. You would have to show the two sites to an intellectual property attorney for such a determination. Generally, however, services, look and feel, layout, and fonts are not protectable. You can't claim an exclusive right on an idea, a look, or a feel. Next - the foreign entity issue....

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CAN I REPRESENT MYSELF IN COURT? WHAT ARE THE CONDITIONS THAT I NEED TO HAVE AN ATTORNEY?

Dear Sir or Madam, Please accept the assistance of the Public Defender's Office. They are trained attorneys who are generally very good at what they do. At the very least, they are 100% better than you at criminal defense on their absolute worst day. I'm fairly sure you don't do your own dentistry, or your own cardiac surgery. Why? Because you need years of rigorous training to do a competent job. Same thing goes for criminal defense. And no, watching every episode of The Practice,...

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IP Protection for new website application

If developing the application with ASP is going to affect the source code protection, that might not be the best way to go. Keep in mind that, with very few exceptions, ideas are not protectable. As such, you should take every precaution to protect the expression of your idea - in this case, the source code. You may consider seeking a specialist in software IP. The other two attorneys correctly point out that copyright and patent protection may be available. However, depending on what...

Does the following business seem like something that could be franchised?

This is actually a dual discipline question: IP law, and franchise law. Your brand name, uniforms, recipes, slogans, business processes, and other items may be protectable under existing IP law. The franchise part of your question should be directed toward the franchise attorney section.

If my band does a cover of another band's song, who's intellectual property is our version of the song?

The short answer is you should have ownership in the derivative work that you create. However, the right to create derivative works of a copyrighted work is the exclusive right of the original copyright owner. So you can't even make it without the original owner's permission. So - before you go recording a cover (or derivative) of someone's song, you must first acquire a license, or an agreement/contract from the copyright holder. This is probably something you don't want to do...

If a videogame company names "iSkateRider" a game, can the trademark owners of "iSkate" sue it?

Are the two companies competitors to each other? Keep in mind that "Delta" for faucets can coexist with "Delta" for airlines. A judge will measure what's called "likelihood of confusion." There are elements to that, and the facts of the case will dictate the outcome of the litigation. That said, it's usually a good idea for your attorney to sit down with their attorney and hammer out an agreement before lawsuits get filed.