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Michigan Intellectual Property Questions & Answers
1 Answer | Asked in Contracts, Copyright, Business Law and Intellectual Property for Michigan on
Q: Is what I'm being requested to do legal? And, do I currently have the legal right/rights qualifying me to proceed?

I was asked by someone to make a number of hard(CD)copies of music for them. This request requires me to "rip" the content(given to me in CD format) on a computer and then burn the music onto the requested number of CDs( also provided to me). The requester(the commissioner) has told me... View More

Benton R Patterson III
Benton R Patterson III
answered on Sep 18, 2017

You may be at risk of committing copyright infringement if the person commissioning the project does not have the appropriate rights. If the commissioner does own the copyright to the content on the CDs, he should be willing to cover any loss you may incur from copying the content (indemnify you).... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Hello, to anyone that can help,what are the steps I need to take to trademark a comic book company I want to start?
Benton R Patterson III
Benton R Patterson III
answered on Sep 6, 2017

The first step is to research the mark to determine if anyone else is using it or something similar. There are a variety of trademark search services that can perform a search for you. Once you know what other trademarks exist, you may want to change your mark or proceed with a trademark... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: I want to make a game that references a band as homage. Is that copyright infringement?

I am a fan of the band Supertramp, and very inspired by their music, I've been making a game that pays direct homage to them. Here are some of the examples of things I've inserted:

- reference to album art.

- some musical references in the soundtrack, such as a small riff... View More

Will Blackton
Will Blackton
answered on Mar 1, 2017

This question is probably too fact-specific for an attorney to be able to give you a clear answer without seeing the game. That being said, it is a dangerous strategy to rely on fair use in a questionable scenario. Fair use is a defense to a lawsuit, which means that you're already in court... View More

1 Answer | Asked in Intellectual Property for Michigan on
Q: I got a state trademark registration in Michigan, but now a similar business is using the same name for a store across

The border in Indiana. Do I have any rights?

Paul Overhauser
Paul Overhauser
answered on Dec 2, 2010

If there is actual or likely confusion caused by the similar name, you probably have rights that can be enforced. Both state law and the Federal Lanham Act allow claims for infringement of trademarks, even if there is no state or federal trademark registration. You should consult a trademark... View More

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