Legal Question in Business Law in California

It sounds like you have a very innovative product. I can offer you a free consultation to determine what exactly is needed in terms of trademark and slogan protection, and I just need a bit more info, and possibly a review of the app, to determine any other needed legal safeguards for the actual website. Call me at your convenience.

MY ANSWERS IN CAPS AFTER EACH OF YOUR QUESTIONS:

I created a workout app for the iPhone. The entire app (idea, workouts, videos, etc.) are mine. I was wondering...

1) I have a special function on my app that caters towards people looking to get into or already in the Army, Navy, Air Force, Marines, Coast Guard, Fire Department, and Law Enforcement where they can create a workout and help them train for there physical fitness test and overall training. On that specific function I have a linked that will redirect the user from my app and open up in there safari military.com so that the user can view the specifics of what to train for.

*Am I allowed to have that link on my app that redirects the user from my app to that website?

*I do have a disclaimer that says that I am not affiliated to that website and that its for educational purposes. Is that good enough?

THIS IS PROBABLY FINE. TYPICALLY ONE DOES NOT INFRINGE ANY COPYRIGHT SIMPLY BY LINKING TO CONTENT.�

2) I am going to be giving some of my proceeds to a few different organizations, Pujols Family Foundation, Wounded Worriors Project, and Susan G Komen for the cure.

*Am I allowed to have on my app description, social media (Facebook, Twitter etc.), "My Company Name, Proud Sponsor of Pujols Family Foundation, Wounded Worrior Project, and Susan G Komen for the cure?"

*I got ahold of Pujols Family Foundation and they said "Yes," but havent heard back from the others. Can I still include the others?

YOU'RE MOST LIKELY FINE HERE TOO. DOES NOT APPEAR TO INFRINGE ANY COPYRIGHT. YOU ARE SIMPLY STATING THE FACT THAT YOU SUPPORT THESE CHARITIES. YOU ARE JUST LISTING THEIR NAMES AND SAYING YOU SPONSOR THEM. SEEMS FINE TO ME UNLESS YOU DON'T REALLY SUPPORT THESE CHARITIES.�

3) I use a phrase on my app. Its "Company Name, How Bad Do You Want It?" I have my company name registered through the state of CA as an LLC. But, I do not have that phrase, "How Bad Do You Want It" trademaked or copyrighted. Can I use this phrase?

NO. I BELIEVE THIS MAY BE TRADEMARK INFRINGEMENT AS I HAVE SEEN THE YOUTUBE VIDEOS FROM WHICH YOU GOT THIS PHRASE. "WHEN YOU WANT IT AS BAD AS YOU WANT TO BREATHE, THEN YOU'LL BE SUCCESSFUL". I WOULD BE SURPRISED IF THE CREATORS OF THAT VIDEO SERIES DID NOT TRADEMARK THE PHRASE "HOW BAD DO YOU WANT IT". IF YOU WANT TO MAKE SURE YOU CAN GO TO THE UNITED STATES PATENT AND TRADEMARK OFFICE AT WWW.US PTO.GOV AND THERE IS A PLACE WHERE YOU CAN SEARCH FOR REGISTERED TRADEMARKS.�

4) I have videos on my app that demonstrate the exercises. My models where wearing Nike Shoes. On some of the short clip videos you can see the Nike "Swoosh."

*Is that a problem?

YES THIS IS MOST LIKELY A PROBLEM BECAUSE NIKE HAS A TRADEMARK IN THAT SWOOSH SYMBOL SO IF YOU ARE SELLING YOUR APP THAT WOULD MOST LIKELY�CONSTITUTE TRADEMARK INFRINGEMENT.�

I am Looking to submit my app to Apple within the next couple of days so that means my app will be in the Apple App Store within the next week. I want to make these changes ASAP if needed. Or keep as is if I am not facing any legal problem.

SOUNDS LIKE AN AWESOME APP. �I'LL BE LOOKING FOR IT. IN THE MEANTIME FEEL FREE TO CONTACT ME WITH ANY OTHER QUESTIONS. YOU CAN ALSO VISIT MY WEBSITE AT WWW.LABORANDEMPLOYMENTLAWOFFICE.COM OR EMAIL ME AND AS ALWAYS, FEEL FREE TO CALL.�

Please continue reading after the signature block for important legal notices.

Best regards,

Jacob I. Kiani

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