2. The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal is

These questions were very important to me because these situations play a very important role in my future. These are things I have to definitely be careful as to how I incorporate them into business matters. I knew to a certain extent things I needed to do in order to protect my designs but I had no clue as to how I could be so easily taken advantage of without taking the proper steps to securing my design elements. The whole research project was so resourceful for me and I am extremely elated with the results I obtained from them!

LAW OFFICES OF
Aisha M. Johnson
(310) 642-0408 Fax (310) 642-4684



1. If I lose inspiration and go online and use someone else’s design, more than I intended to. Will I be safe from a lawsuit if I changed it enough so it isn’t exactly the same? What recourse do I have if the roles are reversed, if my work is the work being stolen?

No one is completely protected from a lawsuit. Copyright or trademark infringement ultimately will be determined by the judge or jury and to a degree the determination can be (subjective) based upon each individual circumstance. It is best not to use other peoples work and to make sure that you copyright and/or trademark your personal designs. Request for compensation, threat of a lawsuit, or an actual lawsuit seeking monetary damages are your options for recourse.

2. If I come up with an original idea during employment with a company, who owns the rights to it, myself or the company? Is there any way I can make it my own to sell to others?

It depends on what you have agreed to in your employment contract. In most instances, unless the contract states otherwise, the work will be owned by the company, your employer. You can only make it your own if your company is willing to make that agreement with you.

3. If I get caught hacking, what are the consequences.

Possible consequences are: termination from your employment, legal action against you for fraud, theft, copyright or trademark infringement, monetary damages/fine, and/or imprisonment.

4. If my spouse pays to set up my business and I ran everything, if we get a divorce does he have a claim to it?

In a community property state your business product and business earnings are subject to division with your spouse in the event of divorce unless there is a legally binding agreement entered into by the parties stating something different.

5. If I create a fashion design and displayed it at a trade show, and someone took that design and sold it as their own, can I sue that party and what are my chances of recovering my design?

You can always sue but whether you have a successful lawsuit will depend greatly on whether your design was protected by copyright or trademark and whether the damages were ascertainable.
6. If I made a logo that had a had a trademark to one of the letters and another marketing company used that letter exactly how it is displayed/designed but used the letter in a logo but did not have the same complete logo then what could happen if I take legal action.

It would be up to the court (judge or jury) to determine whether the copy was an infringement upon your trademark. They may consider whether or not the copy was too similar or misleading to the public.

7. Can packaging look exactly the same as other products on a retail shelf (ex. Medicine products Color, Shape, Look). **EXCLUDES the name.

It can but again if a lawsuit resulted it would be up to the court (judge or jury) to determine whether the copy was an infringement upon your trademark. They may consider whether or not the copy was too similar or misleading to the public. Why expose yourself unnecessarily to potential legal action.

8. Can you sue a company that advertises a commercial which sells a product that has a disclaimer at the bottom but don’t give you enough time to read the disclaimer and it ends up affecting your life or puts you in burden?

Anyone can file a lawsuit. I am uncertain as to whether or not this type of lawsuit is likely to prevail.

9. How much do you charge to read a contract and advise/interpret it for me?

It depends on the length of the contract but my hourly rate is $300.00.

10. What rights do I retain when using company software?

Again, it depends on the contract that you have with the company/employer but most likely your rights will be very limited. The company is going to look out for their own financial interest and you must look out for yours.