The Ashley Madison Hack: What Other Online Businesses Need to Be Aware Of

On behalf of The Myers Law Group posted in Business on Wednesday, September 9, 2015. The recent leak of the names and other identifying information of 30 million users of the Ashley Madison website has intensified the discussion about privacy on the Internet. The Ashley Madison hack is the latest in a series of notable online data and privacy breaches. The nonprofit Identity Theft Center recently counted 519 data breaches so far this year, which have targeted businesses, government agencies, and other institutions. The result is that nearly 140 million records have been exposed. Some records are more sensitive than others. Ashley Madison is [...]

Trump’s Breach of Contract Issues

On behalf of The Myers Law Group posted in Business on Wednesday, September 2, 2015. Donald Trump's comments about immigrants may have negative legal consequences, but not if he can help it. Trump has sued the organization of celebrity chef Jose Andrés, seeking $10 million in damages for breach of contract after Andrés backed out of a deal to open the flagship restaurant in Trump's redevelopment of the historic Old Post Office Pavilion. Andrés, like other business owners, severed his connection with Trump upon hearing Trump's comments about Mexican immigrants. Andrés explained that working with Trump is "impossible" because Trump's comments and behavior made [...]

Do I Really Need a Contract?

On behalf of The Myers Law Group posted in Business on Tuesday, September 1, 2015. When you form an agreement with another person, you may wonder if, or why, you need a contract. After all, you know the other guy (or girl), and contracts seem so formal, like something lawyers made up. Perhaps you were recently asked to sign an agreement and wondered "Why doesn't this person just trust me?" Many couples choose not to have a pre-nuptial agreement for this very reason - it may be seen as reflecting a lack of trust in one's partner and it seems less romantic to plan [...]

Naming Your Foodtruck

On behalf of The Myers Law Group posted in Intellectual Property on Monday, August 17, 2015. When selecting the name for your new foodtruck, or for any good or service, you need to carefully consider your options. It is important to make sure that your proposed name would not fall under the "generic" or "merely descriptive" categories, thereby eliminating or hurting your chances of obtaining a trademark registration (and making it easier for the competition to 'steal' your brand). When considering a name for your foodtruck, you want to make sure it isn't generic, descriptive, or deceptively misdescriptive. For example, MEXICAN FOOD TRUCK is generic for [...]

2021-10-13T16:50:34+00:00August 17th, 2015|

Are You Considering Crowdfunding to Raise Funds?

On behalf of The Myers Law Group posted in Intellectual Property on Monday, August 17, 2015. Crowdfunding is a new way to help turn ideas into reality. Instead of going the traditional route of using your own money, borrowing from family or friends, taking out a bank or small business loan, or seeking investors through venture capital groups, an entrepreneur can create a page on one of the many popular crowdfunding platforms and bring interested potential investors to him/her. One of the perks of going the crowdfunding route is that your "investors" (the businesses and/or individuals who donate to your campaign) are not considered [...]

2021-10-13T16:50:55+00:00August 17th, 2015|

She Stole My Look!

On behalf of The Myers Law Group posted in Intellectual Property on Monday, August 17, 2015. Fashion is big business and, with good reason, clothing designers and companies are always looking for ways to protect their designs and collections. So how can a designer or company prevent others from stealing their designs? One way to protect your fashion brand is by utilizing copyright protection. A copyright is automatically fixed upon completion of a work. But by filing for a copyright registration with the US Copyright Office, a fashion designer can gain additional protections and abilities. It is important to note that a copyright won't [...]

2021-10-13T16:51:42+00:00August 17th, 2015|

The Benefits of Federal Trademark Registration

On behalf of The Myers Law Group posted in Trademarks on Monday, August 10, 2015. A trademark (or service mark) is a source identifier for goods and/or services. Under trademark law, a trademark owner receives basic trademark rights in a mark simply by using that mark in commerce. However, the rights one receives based upon use without registering are limited to the geographic area in which the use has occurred. So, for example, if a trademark owner has only sold in a single state, their rights would be limited to that state and adjacent areas that would be considered within the zone of natural [...]

2021-10-13T16:52:40+00:00August 10th, 2015|

Copyright Infringement and the Fair Use Defense

On behalf of The Myers Law Group posted in Copyright on Thursday, July 23, 2015. One of the main defenses against a copyright infringement claim is fair use. This means, essentially, that while a copyright was infringed, the user is allowed to do so. This may seem contrary to the exclusive rights given to an author of original creative works, however, fair use is not meant to entirely remove those rights, but to simply permit certain limited and "transformative" uses of copyrighted material, including commentary, criticism, news reporting, teaching, scholarship, and research. To determine whether the fair use doctrine applies, courts will look to [...]

2021-10-13T16:53:06+00:00July 23rd, 2015|

Protecting Against and Responding To Copyright Infringement

On behalf of The Myers Law Group posted in Copyright on Wednesday, July 22, 2015. Copyright is a form of intellectual property applicable to any creative work that is both fixed in some tangible medium and at least minimally creative, or original. Works that may receive copyright protection include: literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances, architectural works, choreographic works, and television or sound broadcasts. Creators of such works are granted exclusive rights in their works at the time of creation. For example, whenever you write a blog post or make a drawing or other artwork, you automatically own [...]

2021-10-13T16:53:34+00:00July 22nd, 2015|

Idea Theft and Intellectual Property Infringement

On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, July 21, 2015. Idea theft is a real threat that one often sees in the tech industry. A theft scenario may involve an entrepreneur pitching an idea to a prospective partner, intending to work together to create the next big social network or cellphone app. However, instead of working with you, the person you pitched may 'steal' your idea (without paying you for it) and bring it to another team to develop as their own concept. Of course, if confronted, that person will claim the idea is different or argue the [...]

2021-10-13T16:53:48+00:00July 21st, 2015|
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