Legal Question in Intellectual Property in Michigan
Hello. I have a real quick question regarding a potential product I would like to begin manufacturing (small scale) and marketing. The item was inspired by a semi-celebrity of the past who is now deceased and has only nieces and nephews currently alive. While the product will be my own design taken upon a 3 second visual of this semi-celebrity wearing it in a documentary (something she threw together and is not anything she is necessarily known for or was in the business of producing or marketing it), I would like to name the product the nick name given to this person.
My questions would be: Should I name the product with this nickname, am I liable to pay "royalties" (if that's the correct term) to this person's estate? Can I introduce the product as being inspired by this person possibly marketed with a brief bio) without repercussions?
I realize these questions may sound silly, especially since I am sure they will be minimal in sales but I want to be sure I am not infringing or breaking any laws.
Thank you so much for your help!!!!
1 Answer from Attorneys
There are rights of privacy as well as rights of publicity. To derive this product from someone who is a public figure, without knowledge of what you are manufacturing, probably would violate their rights of publicity. This is enforceable in Michigan as well as throughout the United States.
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