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Fritz-Howard Raymond Clapp

Fritz-Howard Raymond Clapp

Trademark & copyright litigator representing content creators and brands
  • Trademarks, Business Law, Intellectual Property
  • California
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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.

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 Experience
Trademark counsel
Hells Angels Motorcycle Corporation
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Brand management, infringement litigation
Professional Associations
California State Bar  # 99197
Member
- Current
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Jurisdictions Admitted to Practice
California
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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.
Practice Areas
Trademarks
Trademark Litigation, Trademark Registration
Business Law
Business Contracts, Business Formation, Business Litigation
Intellectual Property
Additional Practice Area
  • Copyright consultation, registration & litigation
Languages
  • English
Legal Answers
Q. Im looking to start a fashion market place, and i like the name "modella". Can i use this name + get it trademarked?
A: There are US registrations for MODELLA used on software in class 009, and on travel bags in class 018, but not for apparel in class 025 or store services in class 035. Most likely this mark can be registered for the uses you propose.
Q. My business name isn’t trademarked, but is reg with the county & I operate a website and social media accts under it
A: Based on your prior use of the mark, even if not registered, you should prevail over a later user of the mark in any litigation or administrative proceeding such as the US Patent & Trademark Office. If the later user has applied for federal registration, and that application advances to the point it is published for opposition (these days that is at least 10 months after filing), you can (and certainly should) file an opposition to the registration. Meanwhile, it would be prudent for you to go ahead and file your own application to register the mark. You should also give written notice to the later user of your rights in the mark based on your prior use, and that continued use is infringing because of the likelihood of confusion. Then, that user will be informed that continuing the use will constitute unfair competition. ... Read More
Q. I understand that "BASKETBALL MOM." is trademarked. Does the period on the end mean you can use this without the period?
A: There is a pending application to register the mark BASKETBALL MOM ending with a period, used as a brand for t-shirts. The punctuation is not significant, that is, the mark would be infringed by usage as a source identifier for t-shirts whether or not the period followed the words. There is no other registration or application to register BASKETBALL MOM for any goods or services.
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Websites & Blogs
Website
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Contact & Map
Fritz Clapp, Esq.
PO Box 2517
Beverly Hills, CA 90213
Toll-Free: (888) 292-5784
Fax: (888) 467-2341