Fritz-Howard Raymond Clapp

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.

University of the Pacific, McGeorge School of Law

J.D. (1981)

1978 - 1981

Trademark counsel

Hells Angels Motorcycle Corporation

1992 - 2016

Brand management, infringement litigation

California State Bar  # 99197

Member

1981 - Current

California

Since 1981

• 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.

• Copyright consultation, registration & litigation

Q. My business name isn’t trademarked, but is reg with the county & I operate a website and social media accts under it

October 30, 2024

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?

October 11, 2024

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.

Q. Can Ai created original artwork be copyrighted? The idea was mind , I just can’t draw.

October 2, 2024

A: This important question is being litigated right now in a Colorado case: Allen v Perlmutter, USDC-CO Case No. 1-24-cv-2665. The copyright office refused registration of an AI-generated artwork, and the claimant is arguing that his extensive instructions and dialogue with the AI tool constitutes authorship for copyright purposes, as in other cases where the artist/author employs image tools such as Photoshop. Whatever this court decides, it is fair to expect the question will be appealed up the judicial ladder over the next few years. In the meantime, the policy of refusing copyright registration to AI-generated content will remain in force.