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!!!!


Asked on 3/24/10, 11:59 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

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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Answered on 3/30/10, 3:02 am


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