The Myers Law Group
Toll Free Communication

Legal News

Is your start-up safe from cybersecurity breaches?

cyber security.jpeg

Do you intend to start a new business venture in 2018? Are you developing a fantastic product with some business associates that you are keeping secret for the time being? What steps are you taking to get your start-up business off on the right foot?

If you handle your finances, share documents and store files electronically, you are in danger of getting hacked. Every business -- including your start-up -- is a potential target. In fact, sending emails and storing information on the Cloud has already exposed you to the dangers of cyber-attacks.

Copyright issues, like nightmares, can keep you up at night

nightmare.jpeg

Did you watch your favorite horror movie this Halloween? "It: Chapter One" is the most recently released horror film. Based on a Stephen King novel, It (as it is commonly known) hit the big screens last month to wide success. Some claim it is one of the scariest movies in recent history. Before It came along, another nightmare began brewing.

Conjuring up a serious lawsuit

Doubling down in the fast food world

burger and fries.jpeg

There is a trademark battle sizzling between two hamburger restaurants. On one side is In-N-Out, a long-standing and popular burger joint based in Irvine, California. On the other is the up-and-coming Smashburger company based in Denver, Colorado.

The hamburger lawsuit

HBO series brings patent trolls into the limelight

trolls.jpeg

For those who thought trolls only exist in children's books, think again. In the intellectual property world, patent trolls are a reality.

In the HBO series, Silicon Valley, the viewing audience (and the show's characters) are introduced to Stuart "Stu" Burke, a man who makes his money working as a patent troll. Unfortunately for main character Richard Hendricks, Stu reveals how patent laws can be twisted and abused by threatening Richard with patent infringement.

Monkey's selfie case is a lesson in copyright law

macaque monkey with cellphone.jpeg

The story sounds a bit like the beginning of a joke: A photographer goes into the jungle. A monkey grabs his camera and takes a selfie. Who owns the rights to the photo?

The funny -- not funny -- thing is that this is no joke. In 2011, freelance photographer David Slater traveled to Indonesia to photograph macaque monkeys. After coaxing some of the monkeys into taking photos of themselves, Slater copyrighted his favorite photo and published it in a book.

OH COSTCO, INFRINGEMENT AGAIN?

On August 14, 2017, District Judge Laura Swain, Southern District of New York, issued her Memorandum Opinion and Order ("Order") in the case of Tiffany and Company v. Costco Wholesale Corporation. In her Order, Judge Swain found that Tiffany is "entitled to recover trebled profits of $11.1 million" and "punitive damages of $8.25 million" against Defendant Costco. Judge Swain's Order follows her granting of summary judgment in favor of Tiffany "holding Costco liable for trademark infringement and trademark counterfeiting . . . with respect to engagement rings sold under [Costco] signage the referenced the mark "Tiffany" as a standalone term" in the absence of modifiers such as "setting," "set," or style." The latter modifiers being standard in the industry and for which Tiffany did not initiate claims against Costco if such modifiers were present.

Small time café sues Starbucks for trademark infringement

Unicorn latte.jpeg

This is not a story about unicorns and rainbows, at least not the kind your children want. This is much more sinister than that.

Did you try a limited edition Unicorn Frappuccino from Starbucks in April? If you did, you took a sip of an allegedly illegal drink.

Can you copyright a joke?

comedy stage.jpeg

Are jokes intellectual property? Can you protect them from being used without your permission? 

This is a topic of intense interest to joke writers and stand-up comedians -- as well as authors of other types of entertainment fodder. The issue is making its way to the forefront because of a lawsuit regarding late-night monologues that is heading into court later this summer.

Who Owns 'Who's On First?'

two men arguing.jpeg

Copyrights created in times past are sometimes challenged using today's laws. This year, the rights to a classic piece of vaudeville will take center stage before the U.S. Supreme Court.

Bud Abbott and Lou Costello's "Who's On First" skit was first performed on radio in 1938. The routine's true origins are a bit fuzzy as they are based on an old verbal misunderstandings style that dates back to the early 1900s.

Who's the biggest loser now?

guy on green fitness ball.jpeg

Jillian Michaels is well known for her role as a fitness trainer for the TV show The Biggest Loser. Since her first appearance on the show in 2004, she went on to become a celebrity fitness guru.

She is known for her tough but caring style as a trainer on television, but also for the numerous physical fitness DVDs, online videos, books and workout routines she has created.