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Michigan Intellectual Property Questions & Answers
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

James L. Arrasmith
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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.

James L. Arrasmith
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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

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
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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 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
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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

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...
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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
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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

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
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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, 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
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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

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

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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?

James L. Arrasmith
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answered on Feb 25, 2023

As the creator of the floral arrangements, you likely hold the copyright to those works. The photographer who took the pictures would have a copyright in the photographs themselves, but not in the underlying floral arrangements.

The use of the photographs of your floral arrangements by the...
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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
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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

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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.

...

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

You may be out of luck.

Good companies listen to their customers. Often, a company is told of an idea by its customer, supplier, vendor, employee, etc., and the company develops the idea into an invention, which is then patented.

If you pitched your invention to company, then...
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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

2 Answers | Asked in Civil Litigation, Contracts, Intellectual Property and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

James L. Arrasmith
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answered on Apr 17, 2024

In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.

Given the...
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1 Answer | Asked in Personal Injury and Intellectual Property for Michigan on
Q: I had 12 1943copper pennys an I've had them for years well someone took my copper 1943 I can't find anyone to help me

I made police report it's going on a year an I'm seeing my pennys selling for 300000 $ an I need closer an help I can't even get out of bed because of this my future an kids future have been stolen an I need some one to help me please

James L. Arrasmith
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answered on Mar 29, 2024

I'm truly sorry to hear about the loss of your 1943 copper pennies, especially given their significant value and the impact this has had on you and your family's future. It's understandable how such a situation can leave you feeling devastated and seeking support to find a... View More

2 Answers | Asked in Intellectual Property and Trademark for Michigan on
Q: I've found a trademark that has currently been abandoned and I'd like to buy it, what are common issues I may see?

I found a Trademark that I'd like to start putting on apparel and clothing etc. It's current status has been abandoned by the original owner, is it possible for me to reregister the Trademark to get legal ownership?

Adam W. Bell
Adam W. Bell
answered on Jan 20, 2024

What do you wnat to buy? The trademark is abandoned.

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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
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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

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