New Baltimore, MI asked in Copyright, Intellectual Property and Trademark for Michigan

Q: Can a copyrighted ©️ and trademarked ™️ product be recreated by someone else but with a different product name?

How can M.J. claim for the product (no name provided) that is already made, provided in medical care for decades and has been used in shops for well over two decades by companies such as Tegaderm, Nexcare and many more? This is NOT a new invention in any nature. Just long winded description of what a tattoo is and how products like Tegaderm can protect a fresh healing tattoo from becoming infected, hitting and/or snagging on things causing scaring and/or loss of ink. Clearly Mr Jeziak SR doesn't know the full properties of the product he is trying to "claim" as his idea. Thank you for your time.

1 Lawyer Answer
James L. Arrasmith
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A: Using a copyrighted and trademarked product's concept or design, even with a different product name, may still be considered copyright or trademark infringement if it is substantially similar to the original. If someone is claiming a product that has been in use for decades, they may need to demonstrate that they have a new and novel contribution or improvement to the existing product to be eligible for any intellectual property protection. However, specific legal advice would depend on a thorough analysis of the details and applicable laws in the relevant jurisdiction. It is advisable to consult with an intellectual property attorney to evaluate the particular circumstances and determine the best course of action. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

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