Lawyers, Answer Questions  & Get Points Log In
Michigan Intellectual Property Questions & Answers
1 Answer | Asked in Civil Rights, Intellectual Property, Internet Law and Libel & Slander for Michigan on
Q: Good afternoon, Requesting assistance of an Advocate/Pro Bono Attorney who deals with online cyber bullying & theft
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

While I sympathize with your situation, I am not able to personally offer pro bono legal services. However, you may want to reach out to local legal aid organizations or bar associations in your jurisdiction that may have resources available for individuals dealing with online cyber bullying and... View More

2 Answers | Asked in Trademark, Copyright and Intellectual Property for Michigan on
Q: What is the likelihood I would get the Trademark "Frankly, Scarlett" approved? It looks like it is a "dead" trademark

My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More

David Aldrich
David Aldrich
answered on Aug 8, 2023

Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
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... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

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... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: How is it possible that someone can hold a patent for shredded foam when they did not invent shredded foam?

No more information is required in order to answer this basic question.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

A patent can be granted for a specific method, process, or application related to shredded foam, even if the material itself is not a new invention. The patent holder may have developed a unique innovation or improvement in the use or production of shredded foam that meets the requirements for... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for Michigan on
Q: Looking to start a D&D podcast using the Legend of Zelda world. Could this path have legal issues with Nintendo?

I am wanting to run a Zelda D&D session on a podcast, and I was wondering if there was any problems with doing so.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

Creating a D&D podcast set in the Legend of Zelda world can potentially raise legal concerns related to intellectual property rights. Nintendo owns the rights to the Legend of Zelda franchise, including its characters, settings, and storylines. It's important to note that unauthorized use... View More

2 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: I authored an article with multiple other authors, the book is copyrighted. Can I publish my own article?
N'kia (NLN)
N'kia (NLN)
answered on May 5, 2023

Although the author will always be the author of their own work, whether the author is also the copyright owner often depends on the terms of the publishing agreement.

Review your agreement, paying close attention to terms like "copyright"/"intellectual property" and...
View More

View More Answers

1 Answer | Asked in Trademark and Intellectual Property for Michigan on
Q: Can a printing company that doesn't fulfill a print job fully own the rights to a trademarked design?

I reached out to a 3D company for figure printing, submitted an original design, but they did not fulfill the job, and I'm requesting a refund and was told that they own the rights to the 3D render(computer draw up) and the figures printed. The brand is trademarked under my name.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

No, a printing company that doesn't fulfill a print job cannot own the rights to a trademarked design. The intellectual property rights belong to the creator or owner of the design, unless there is an agreement in place transferring the rights to the printing company. If you own the trademark... View More

1 Answer | Asked in Copyright, Intellectual Property, Divorce and Family Law for Michigan on
Q: Are food recipes considered a marital asset if used in a business.

I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: can you legally download old games from sites like archive.org
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

Downloading old games from sites like archive.org can be a legal gray area. In some cases, the games may be considered abandonware and the copyright holder may have given up their rights to the game. However, in other cases, the copyright holder may still own the rights to the game and downloading... View More

3 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: Does someone have the right to use a picture that features my work?

I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?

David Aldrich
David Aldrich
answered on Feb 22, 2023

This is a difficult one. It would be tough to establish you have copyright protection in the floral arrangement itself. Theoretically, you could, but temporary articles of nature like this are always tough. You’d face several hurdles: it needs to have a threshold level of creativity (i.e.,... View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: How to obtain the right to use the name willy Wonka and the Wonka bar as a restaurant and bar using chocolates world

Like France Belgium Switzerland Mexico, Japan etc

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

Obtaining the rights to use the name Willy Wonka and the Wonka bar can be a complex process, as it involves negotiating with the owners of the intellectual property rights associated with the name and the brand. In this case, the owners would likely be the estate of Roald Dahl and the companies... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Intellectual property: I provided a product idea to a company. They stole the idea and used it to secure a patent.

...

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 23, 2023

This is going to require that a patent attorney take a deep dive on the material that you provided and the nuances of the issued patent claims. There may be a path to correct inventorship to add you as one of the inventors. If you did not assign over your rights, then being a coinventor makes you... View More

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Do I require a patent to protect an herbal formula while I try to sell/license it? Will something cheaper suffice?

I have come up with a novel formula of herbs that act as a strong stimulant together. I developed it over years to overcome difficulties at jobs and to keep me awake on overnight drives. It is stronger than energy drinks, at least for me.

I'm looking to protect as I seek to profit off its value.

Erik Špila
Erik Špila
answered on Jan 5, 2023

Very hard to say the exact and the only solution for you here. You should discuss this with your local intellectual property lawyer. In general, you can use the institute of trade secret and also carry some legal protection with it. However you need to meet some legal requirements for this and that... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Is a short quote (7 words) from a published book copyrighted? I have a small shop on Etsy.

- I’ve searched and it is not trademarked.

- The quote from the book is only 7 words and I am looking to sell my own artwork inspired by the book with the quote on it.

-the book was independently published

- I was under the assumption that short phrases cannot be... View More

Brent T. Geers
Brent T. Geers
answered on Oct 14, 2022

You really need to speak with a copyright attorney. It would seem that quote is quite generic. But most of the exceptions to use of copyrighted material revolve around non-commercial activity; your proposed use would be commercial, so you definitely will want to check into it before moving forward.

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Michigan on
Q: Is it illegal to make content using video game footage/pictures?

I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.

But I'm worried about getting in trouble with copyright or getting... View More

Erik Špila
Erik Špila
answered on Sep 13, 2022

Dear Creator,

thats a very interesting question and I will gladly try to answer it.

At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as...
View More

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Can someone make a documentary about a segment of my life without my permission? I live in Michigan.

I produced a film in Michigan in 2018 and now someone is attempting to make a documentary about the event without my permission. Do I have the legal protection to ask them to cease and desist? They are a resident of Ohio and are attempting to interview not only myself, but members of the cast and... View More

Brent T. Geers
Brent T. Geers
answered on Jan 9, 2022

You would be wise to speak with an intellectual property attorney. If you are a producer of a commercial film, you may be considered a public figure, which affords you less privacy interest. Even if you are not a public figure, if the documentary is based on truth, I'm not sure what recourse... View More

1 Answer | Asked in Intellectual Property for Michigan on
Q: ex put glitter all over my property

she brought back my sweatshirts and she put a huge amount of glitter in them and made glitter spill on my apt floor

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2021

Make a police report if you'd like. Otherwise, wash the sweatshirts, vacuum the floor, and vow to never deal with this woman again.

1 Answer | Asked in Intellectual Property for Michigan on
Q: I am looking for advice on an Intellectual Property Infringement issue.

I got an Intellectual Property Infringement claim against us on our Etsy store for using photos sent in from customers that contained Gibson guitars. Gibson filed the claim and had our listings deactivated on etsy. I am working with them to get this resolved but I was wondering if I was to blur out... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 17, 2021

No, if it is a picture created by somebody else, you can not use it.

You are better off getting a no-brand guitar, take your own pictures.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Niagin owns the patent to NR, but yet there are still other companies selling the raw material. Is this patent infring?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 27, 2021

I am not going to give you an opinion on Niagen booster supplement containing naturally nicotinamide riboside (NR), because I do not know all the facts, but here are a few comments.

Generally, naturally occurring compounds are not patentable. Anyone can make, use, or sell such compounds....
View More

1 Answer | Asked in Intellectual Property for Michigan on
Q: How much would it cost for one individual to buy an intellectual property, more specifically, a video game character?

The character in question is "Karnov", a character created by the now defunct video game company "Data East", the current owner of this IP is "Gmode". This company redistributes Data East's old arcade titles as digital games online.

Timothy John Billick
Timothy John Billick
answered on Jan 21, 2021

Unfortunately this question will be answered with "it depends." If the character/IP is not being used, you may have some solid negotiating leverage in getting a good price. Please consult an IP attorney to help with this issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.