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Fritz-Howard Raymond Clapp

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Trademark & copyright litigator representing content creators and brands
  • Business Law, Trademarks, Intellectual Property
  • California
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Client Reviews
Miro B. January 22, 2023
Excellent Service ! Look no further, Mr. Clapp is the best ! We have been working with Mr. Clapp for a number of years now. In 30 years of doing business, working with Mr. Clapp has been, without a doubt the best experience we have ever had. One can not place a value on a life of experience, we are fortunate and grateful to call Mr. Clapp our attorney. He just gets things done, fast and to the point. No matter where you are located in the country, Mr. Clapp will take care of your intellectual property needs. Most importantly, he truly cares ! Mr. Clapp is the best !
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Biography

Previous career in computer industry, head of advanced software development and systems architecture for joint venture of two major computer manufacturers. Active in community affairs and politics in Sacramento, California. Former lobbyist for motorcyclists' rights in California legislature. Represented scores of trademark owners (including a world-famous brand) and content creators, consistently achieving clients' goals against some formidable adversaries including Marvel, Viacom, Electronic Arts, and Alexander McQueen.

Practice Areas
Business Law
Business Contracts, Business Formation, Business Litigation
Trademarks
Trademark Litigation, Trademark Registration
Intellectual Property
Additional Practice Area
  • Copyright litigation
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    Strong cases may be accepted on contingent fee basis
  • Rates, Retainers and Additional Information
    Bills hourly or charges a flat fee, depending on the type of matter.
Jurisdictions Admitted to Practice
California
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Languages
  • English
Professional Experience
Trademark counsel
Hells Angels Motorcycle Corporation
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Brand management, infringement litigation
Education
University of the Pacific, McGeorge School of Law
J.D. (1981)
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University of the Pacific, McGeorge School of Law Logo
Professional Associations
California State Bar  # 99197
Member
- Current
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Websites & Blogs
Website
Lawyer From Hell
Legal Answers
273 Questions Answered
Q. I am trying to use the character Waldo, from, "Where's Waldo." What do I need to do to get the creative rights.
A: There are five active trademark registrations for WHERE'S WALDO, owned by DreamWorks Distribution Limited (UK), in IC009 for eyewear, IC016 for books, IC025 for apparel items, IC041 for entertainment services, and IC028 for toys & games.

A video game would be in IC009, and although distinguishable from the existing registration by DreamWorks, an application might be opposed on the assertion that the mark is famous. It is possible that DreamWorks would agree to refrain from opposing the new registration in return for a licensing fee.
Q. Copyright status of the book The Eppleton Hall by Scott Newhall, 1971, copyrighted Howell-North books now defunct
A: The public copyright catalog shows assignment in 1979 of the copyright in 122 titles including Eppleton Hall, from Howell-North Books to Leisure Dynamics of California, Inc. California records show that Leisure Dynamics' authority to do business was suspended in 1979 for failure to pay state taxes.

While the copyrights are valid and unexpired, it is doubtful that they would be enforced by the defunct owner.
Q. What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own
A: The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

Trademark REGISTRATIONS must be maintained by periodic filing of proof of use, and may be cancelled for failure to maintain them. But even if a trademark registration has been cancelled, its owner may still have common law rights to abate infringement by usage that is confusingly similar for the same goods/services. Don't assume that a cancelled trademark registration is permission to use the mark. ... Read More
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Contact & Map
PO Box 2517
Beverly Hills, CA 90213
Telephone: (888) 292-5784
Fax: (888) 467-2341
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