About Nicholas D. Myers

Nicholas Myers’ practice focuses on intellectual property, business litigation, and corporate formation and governance. He has represented clients in trademark, copyright, breach of contract, unfair competition, Internet, gaming, and sports and entertainment matters, and has also advised clients on corporate structuring and asset protection issues.
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Filing a California Cannabis Trademark Application: Do’s and Don’ts

Filing a California Cannabis Trademark Application: Do’s and Don’ts On January 1, 2018, the State of California began allowing registration of cannabis and cannabis-related trademarks. However, registrations are limited to products and/or services that meet federal classifications. To guide you with the registration overview, look at the breakdown below of the do’s and don’ts for filing a successful California cannabis-related trademark application: DO’s: Do confirm that your company has the appropriate state license. Do make sure that your mark is lawfully in use in commerce within California Do review your list of goods and/or services and confirm they fit into [...]

2025-03-06T11:56:25+00:00January 22nd, 2019|Tags: , , , , , , , |
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Is Your Independent Contractor Really an Employee?

There have been disruptions in California barbershops, salons, tattoo shops, yoga studios, dance studios, and the like, after the recent California Supreme Court case, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, reclassified who can work as an independent contractor. The court imposed a new test, known as the ABC test, which determines whether an individual is an independent contractor, and includes the following: whether the worker is free of the control and direction of the hiring entity in the performance of the work (under contract and in fact), whether the worker performs work that is outside the [...]

2021-11-11T16:51:09+00:00January 14th, 2019|Tags: , , , |
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Filing Cannabis Trademarks: How The Farm Bill May Affect You

The President signed the “Farm Bill” into law on December 20, 2018.  The law provides important agricultural policies, including a change that involves the cannabis plant.  Below is a breakdown of the law and how it may affect companies that produce, process, or sell cannabis or cannabis-related products.   Hemp (Cannabis Sativa L) production, processing, and sale will be legalized with restrictions: The hemp cannot contain more than 0.3 percent THC (delta–9 tetrahydrocannabinol). Cultivators are required to obtain a license. Hemp farmers will be recognized as a farmer under the Federal Crop Insurance Act. Cannabidiol (CBD) will only be legal [...]

2025-03-06T12:14:10+00:00January 3rd, 2019|Tags: , , , , , , , |
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Can I Register a Service Mark for My Cannabis Business?

On behalf of The Myers Law Group posted in Trademarks on Tuesday, May 8, 2018. Cannabis business owners in California can now register their trademarks and protect their intellectual property rights. This is a welcome sign for those who provide cannabis-related goods or services in the state. With the passage of the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) -- cannabis products became legal in California commerce. As a result, recreational use cannabis businesses have been growing like weeds (no pun intended) since January 1. Obtaining intellectual property protections Although the U.S. Patent and Trademark Office (USPTO) does not accept service mark applications [...]

2025-03-06T12:14:24+00:00May 8th, 2018|Tags: , |
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Trademark Infringement Claims Involving a Non-US Company

On behalf of The Myers Law Group posted in Trademarks on Tuesday, May 5, 2015. Sometimes potential trademark claims aren't always what they seem. The grocery chain Trader Joe's is appealing after losing a lawsuit to enforce its trademark against a Canadian individual who operates a store called "Pirate Joe's." For the past three years, Michael Hallatt has operated a grocery store that sells thousands of dollars of Trader Joe's goods in Vancouver. Mr. Hallatt opened his store in 2012, and Trader Joe's immediately contacted him to stop his operation. When he refused, Trader Joe's sued in federal court in the state of Washington. [...]

2021-10-13T15:42:10+00:00May 5th, 2018|
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Is Your Barbershop Conversation Protected by Copyright?

On behalf of The Myers Law Group posted in Intellectual Property on Thursday, April 19, 2018. Can you seek intellectual property protection if you film people talking in a barbershop? It is a hot topic in sports-talk circles right now. The answer has surprising lessons for anyone interested in IP law. Dueling barbershop talk videos Basketball superstar LeBron James sent a cease and desist letter to Nick Saban, the head football coach of the Alabama Crimson Tide. In the letter, James accuses Saban of stealing his video concept in violation of his intellectual property rights. James has a web series called "The Shop" in which [...]

2025-03-06T12:22:50+00:00April 19th, 2018|Tags: |
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Don’t Believe Everything You Hear About Yeezy’s International War

On behalf of The Myers Law Group posted in Trademarks on Wednesday, April 11, 2018. Did you hear about the international battle between Kanye West and a Chinese company? Celebrity news websites TMZ and PEOPLE reported that the famous musician turned fashion designer was strapping on his "fightin' shoes" in order to go toe-to-toe with Fujian Baby Network Technology Co., a clothing company in China. West, who sells shoes and clothing under the name "Yeezy," was reported to have dropped the ball by failing to keep his trademark paperwork up-to-date. The news publications stated that the heated battle began when Fujian Baby swept in [...]

2025-03-06T12:09:42+00:00April 11th, 2018|Tags: , |
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Issues Faced by the Food Industry

On behalf of The Myers Law Group posted in Trademarks on Thursday, April 2, 2015. Protecting intellectual property is very important in the food industry. Recently, Ina Garten, otherwise known as the Food Network cooking show host, the "Barefoot Contessa," sued a California company called OFI Imports, Inc. for selling unauthorized "look-alike" frozen dinners. Although Garten asked OFI to stop selling the dinners, which were manufactured by "Contessa Premium Foods," the company refused and eventually went out of business. Garten's lawsuit seeks to stop further sales and award damages. The food industry has provided a number of interesting examples of intellectual property disputes. For [...]

2021-10-13T15:44:56+00:00April 2nd, 2018|
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Are your musical works protected like Taylor Swift’s?

On behalf of The Myers Law Group posted in Copyright on Wednesday, March 7, 2018. Pop star Taylor Swift recently prevailed in a lawsuit regarding one of her popular songs. Four co-songwriters claimed that she copied a phrase from their 2001 song written for another band and used it in her 2014 hit song "Shake If Off." The lyrics regarding the notions that players play and haters hate was used in both songs. Fortunately for Swift, the judge decided that the "two truisms" were not creative and original enough for copyright protection, and he dismissed the case. While the songwriters have the right to [...]

2025-03-06T12:21:55+00:00March 7th, 2018|Tags: , |
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Trade dress protection for Valentine’s Day offerings

On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, February 13, 2018. It's that time of year again when stores are awash in red and pink hearts. Valentine's Day is here and with it comes holiday spending. About 54% of American's will be participating in Valentine's Day celebrations and gift exchanges. Estimated at around $18.2 billion or roughly $137 per person, Valentine's Day spending is dwarfed only by Christmas and Halloween. A small portion of that figure will be spent on candy and chocolates. Candy sales account for $1.7 billion of Valentine's Day sales. Given the amount of money at play, [...]

2021-10-13T15:46:44+00:00February 13th, 2018|Tags: , |
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