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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
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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

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...
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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....
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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.

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: We are looking for a copyrights lawyer to defend a case in Michigan on urgent basis, please contact if someone can help.
Timothy John Billick
Timothy John Billick
answered on Dec 28, 2020

Justia is a great resource for finding IP lawyers. And many IP lawyers can work in multiple states under certain circumstances. For example, I have litigated cases in Washington, Oregon, California, Arizona, and Indiana (among others).

1 Answer | Asked in Intellectual Property and Trademark for Michigan on
Q: I am a US resident and need to protect my US registered trademark.

I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... View More

Timothy John Billick
Timothy John Billick
answered on Sep 23, 2020

Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!

1 Answer | Asked in Intellectual Property and Internet Law for Michigan on
Q: Can I sue my web designer?

I hired a web developer to design three websites. He bought my domain names and hosted the sites on his server for a year. Before they were set to expire, he contacted me to inquire about renewing hosting. I decided instead I would like to change hosting. The web developer then cut off my websites... View More

Timothy John Billick
Timothy John Billick
answered on Sep 23, 2020

Before giving you a definite answer, I would need to see the contract between you two. But generally speaking, this arrangement is a work-for-hire, and whatever he developed should belong to you. So you will likely have a claim for damages against him.

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Michigan: copyright question regarding rewriting of scientific articles in simple language

Hi, student from Michigan. I'm considering starting a nonprofit project where we rewrite published free, publicly accessible scientific articles in simple language and re-publish them on the Web through our own website (freely available of course). I was wondering whether this counts as fair... View More

Kathryn Perales
Kathryn Perales
answered on Aug 5, 2020

I would say no. Best to get permission from the authors before doing this. They might appreciate your efforts.

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: If I read/watch a class about some technique and then teach a class on that technique, is that copyright infringement

Example, I read a woodworking book or watch an online class on how to make a type of drawer, and then create an online class using what I learned, without using any of the original material, did I infringe the copyright?

Tania Maria Williams
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answered on Feb 4, 2020

Copyright does not protect ideas, methods and processes. It protects the expression of those ideas, methods and processes. Whether or not you are infringing the person's copyright depends on your use of their work in your own creation.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I get sued for writing a non-fiction book about a tv show without the show's permission?

I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 18, 2019

Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.

2 Answers | Asked in Intellectual Property and Trademark for Michigan on
Q: I need to add a trademark for my business an amazon store, Need only one trademark number how much and how long thank u
Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 11, 2019

It would take about six months.

Cost will vary but expect to spend around $1,000 to $1,500

We will need to make some searches to make sure the brand is not taken, and will not conflict.

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1 Answer | Asked in Employment Law, Business Law, Intellectual Property and Internet Law for Michigan on
Q: ex-employer shared files with me on my personal file sharing/ email account 15 months after I was fired. do I hv 2 gv b?

I was working for a pharmaceutical wholesale distributor in mi. I had a 1 year non compete agreement. I was fired 8-17-2017 and my non compete ended 8-17-2018. Two months after the non compete ended, I noticed that the owner of the company was sharing files with me via onedrive (a file sharing... View More

Trent Harris
Trent Harris
answered on Oct 7, 2018

Although your noncompete has ended, it is likely that any confidentiality agreement that you had with the company, whether in writing or in a employee manual, still applies after termination of your employment. The information that you mentioned is recognized by Michigan law as trade secrets, and... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: How does Tangle Inc still have the patent for the tangle toy? I remember grew up having it as a toy in my childhood.

How does Tangle Inc still have the patent for the tangle toy? I remember grew up having it as a toy in my childhood. Now I'm 30 years old.

I'm doing patent law research and came across the US patent 7601045 from Tangle Inc. It seems this patent only apply to the textured toys, not... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 10, 2018

This type of a question is fairly common. How can there be a patent on something that has already been in existence many years before the patent was ever filed?

The answer almost always is that the patent claims a product that is somehow improved over the old product. There is something...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I use an abandoned trademark name / Make money doing so without repercussions.

What are my options?

John Espinosa
John Espinosa
answered on Jun 7, 2018

Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director

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1 Answer | Asked in Intellectual Property for Michigan on
Q: If you take patten ingredients and by chance come up with a cure for shingles, Could there be a legal problem?

Can the company that has the patten ingredients come after you?

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 28, 2017

This is a fairly common situation in the pharmaceutical industry. Pharmaceutical companies come up for new uses of patented drugs all the time.

Generally speaking, a new use for a previously patented ingredient will still infringe the existing patent, and the patent owner may still come...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: If I own the patent to a product and I produce the product can someone sell the product without my permission?
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 23, 2017

If you make a product, and you sell it to, for example, a wholesaler, then the wholesaler will be able to sell it someone else without your permission. There are ways of preventing the wholesaler from selling it further without your permission, but that is unusual.

If your question is...
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