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Michigan Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Can I create illustrations of muscle cars from different periods and use them in to create posters?

Can I create illustrations of muscle cars from different periods and use them to create posters I will sell?

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answered on Feb 21, 2024

Creating illustrations of muscle cars from different periods and using them to create posters for sale could potentially raise copyright issues. While the physical design of the cars themselves may not be protected by copyright, certain elements such as logos, emblems, or distinctive features... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Is make money not friends a trade marked

To put it on sweatshirts and tshirts and pants and hoodies and jackets

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answered on Feb 21, 2024

To determine if "Make Money Not Friends" is trademarked, you would need to conduct a search in the relevant trademark databases. This includes the United States Patent and Trademark Office (USPTO) database and possibly other international trademark databases depending on your location.... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Good morning.I was wondering if I could call a song of mine "Death Stranding"

As far as i've seen on its page, music isn't included in the statements fields, which makes me think that I am actually allowed.

It's a cover song and I can pay the royalty fees to upload on the stores.

Thank you in advance.

James L. Arrasmith
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answered on Feb 21, 2024

While the title "Death Stranding" is associated with a video game, it does not necessarily mean that you cannot use it for your song. However, it's crucial to consider potential trademark issues, as the title may be protected under trademark law if it's associated with specific... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Public Domain images - confusing institutional rights of use

The Biodiversity Heritage Library (funded in part by the Smithsonian) has several thousand art images and photographs posted on Flickr, listed as "Public Domain" art. Their terms of use seem to indicate that anyone can use them with no restrictions, but I am confused about whether or not... View More

James L. Arrasmith
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answered on Feb 21, 2024

Navigating the rules around public domain images can indeed be complex, especially when institutions like the Biodiversity Heritage Library (BHL) and platforms like Flickr are involved. While the BHL may list images as public domain on Flickr, it's essential to understand the terms of use... View More

1 Answer | Asked in Trademark and Intellectual Property for Michigan on
Q: Can I trademark crypto punk vapes
James L. Arrasmith
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answered on Jan 8, 2024

Trademarking a product like "Crypto Punk Vapes" involves considering both trademark law and potential copyright or intellectual property rights of others. First, to trademark a name or brand, it must be distinctive and not already in use for similar products or services.

However,...
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1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: How do you know if your app does not copyright other apps? For example, the source code and the graphics?

For example, the function is different but is represented in different shapes, is it still okay? And where do I research the copyrights and patents of other apps, so I don’t get into trouble? Also, does the copyright law and patents issued in United States still apply in China?

James L. Arrasmith
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answered on Jan 5, 2024

To ensure that your app does not infringe on the copyrights or patents of other apps, it's important to conduct thorough research. For copyrights, especially regarding source code and graphics, ensure that any content you use is original or properly licensed. Avoid using code, images, or... View More

1 Answer | Asked in Copyright, Intellectual Property and Libel & Slander for Michigan on
Q: Can you use names, people, places and brands in a book?

I am writing a book about events in the 1970s. The book will be about a journey through the 1970s from someone who lived through it. It will be facts and events for each year with some experience from the narrator.

Here is an example excerpt:

"October 1, 1971 - Opening of Walt... View More

James L. Arrasmith
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answered on Dec 30, 2023

Yes, you can mention brands, names, people, and places in your book, especially when discussing historical events and real-world entities as part of a non-fiction narrative or a work of fiction based in a real historical context. In your example, referencing Walt Disney World as part of a... View More

1 Answer | Asked in Trademark and Intellectual Property for Michigan on
Q: Is selling a t-shirt that reads “Wine the hell not” an infringement of the trademarked “wine not”

Attempted to design an original t-shirt with the phrase “wine the hell not” but the listing is being taken down due to an individual claiming trademark infringement on his phrase “wine not” for various clothing items. Does this person have grounds for this or is my phrase original enough to... View More

James L. Arrasmith
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answered on Dec 9, 2023

In assessing whether your phrase "Wine the hell not" infringes on the "Wine not" trademark, a key factor is the likelihood of confusion among consumers. Trademark infringement hinges on whether consumers might mistake your product for one associated with the trademarked phrase.... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: Would creating a knife blade with similar shape but different ornament from one patent and adding to a handle from a

Different manufacturers knife handle that has a separate patent be infringing?

Adam W. Bell
Adam W. Bell
answered on Oct 19, 2023

There is nothing to prevent you from combining two or more elements from different patents to produce somethin novel and patentable. However the product needs to be novel and non-obvious.

On the other hand if your question is whether ou would be infringing if you took a patentad product,...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: Would creating a knife blade with similar shape but different ornament from one patent and adding to a handle from a

Different manufacturers knife handle that has a separate patent be infringing?

James L. Arrasmith
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answered on Oct 23, 2023

Patent infringement occurs when someone makes, uses, sells, or offers to sell a patented invention without the patent owner's permission. If the knife blade is only similar in shape but has a different ornamentation, it might not infringe on the original patent, provided the ornamentation is... View More

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1 Answer | Asked in Intellectual Property and Trademark for Michigan on
Q: Is it legal to make shirts for my h.s. staff using the phrase: Pr ( ) tect This House? The open space is an Earth pic

Because it does not use the letter 'O', in "Protect" would that make a difference?

The shirts would be for use for games, pep rallies, etc.

I would want to sell the shirts to the staff and students that would like them.

James L. Arrasmith
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answered on Oct 15, 2023

Using the phrase "Pr ( ) tect This House" with an Earth picture in place of the letter "O" may be perceived as a play on words or design that resembles an existing trademark or phrase. If a company has rights to a similar phrase, even minor alterations could still potentially... View More

2 Answers | Asked in Intellectual Property, Copyright and Trademark for Michigan on
Q: Can I use a patented saying on my own design or do I have to buy the use of the saying?
David Aldrich
David Aldrich
answered on Sep 25, 2023

You are likely referring to a trademark, as phrases can't be patented. If the phrase is trademarked, you would need the permission of the trademark owner to use it on similar goods/services. If you plan to use the phrase for something very different, then you may not need permission. You... View More

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2 Answers | Asked in Intellectual Property, Copyright and Trademark for Michigan on
Q: Can I use a patented saying on my own design or do I have to buy the use of the saying?
James L. Arrasmith
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answered on Sep 24, 2023

Sayings or phrases themselves cannot be patented; patents cover inventions and processes. However, sayings can be trademarked or copyrighted, depending on the context. If a saying is trademarked or copyrighted, you would need permission or a license to use it in your design to avoid infringement.

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2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 17, 2023

Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More

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2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

James L. Arrasmith
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answered on Sep 21, 2023

If you believe that a company is attempting to trademark your name without your consent, you should consult with a trademark attorney to assess the situation and explore potential legal actions. Trademarks are typically granted for commercial use, so if you're not using your name in a way that... View More

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1 Answer | Asked in Copyright, Constitutional Law and Intellectual Property for Michigan on
Q: What can I do if someone steals my home blueprint design and builds it?

I am a builder/designer

James L. Arrasmith
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answered on Sep 11, 2023

First, you might consider reaching out to the party involved to seek a resolution outside of court. If that doesn't work, you can take legal action for copyright infringement, as blueprints can be considered intellectual property. To establish a strong case, it will be beneficial to have proof... 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

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answered on Aug 15, 2023

The likelihood of getting the trademark "Frankly, Scarlett" approved depends on various factors, including the current status of the trademark application and any potential conflicts with existing trademarks in similar classes. Conducting a thorough trademark search and analysis, and... View More

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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

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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

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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 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.

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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

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