Nicholas D. Myers | Author Bio | The Myers Law Group

About Nicholas D. Myers

Nicholas D. Myers is a Principal at The Myers Law Group in Newport Beach, California. He brings 18 years of experience in intellectual property, business litigation, corporate governance, internet law, and entertainment matters. Nicholas advises clients on trademarks, copyrights, patents, trade secrets, and complex contract disputes. He is admitted to the California State Bar and earned his J.D. from Whittier Law School and B.A. from DePauw University. His work has been recognized in the Southern California Rising Stars list and by the Whittier Law School Alumni Association.

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, [...]

Nicholas D. Myers2021-10-13T15:46:44+00:00Tags: Intellectual Property, Trade Dress|

Did you suffer losses when a counterfeiter copied your designs?

On behalf of The Myers Law Group posted in Intellectual Property on Monday, January 15, 2018. Every 90s sitcom, especially Seinfeld and Friends, made jokes about buying fake designer clothes and jewelry on street corners. It was enough to make you think that every corner of every major city had a table on it full of fake Prada handbags and Swiss-esque watches. Maybe there were bootleggers on every corner, and maybe there weren't, but when you read about 400 fake Air Jordan sneakers being ceased by the government, it really makes you wonder about the size of the counterfeit merchandise industry. If they had been real Nike shoes, their value [...]

Nicholas D. Myers2025-03-06T10:27:24+00:00Tags: Intellectual Property, trademarks|

A clash of beer and intellectual property rights

On behalf of The Myers Law Group posted in Trademarks on Thursday, December 14, 2017. A recent legal step taken by Anheuser-Busch proves that someone in its legal department has a great sense of humor. Normally, when a small business copies a name from a large corporation, it can expect to be slapped with a nasty cease and desist -- "stop, or else!" -- letter from a corporate lawyer. When a small brewery in Minnesota released a new craft beer, the "Dilly Dilly" Mosaic Double IPA, on December 1, it got a response from Anheuser-Busch that had a lot of people laughing. Dilly dilly [...]

Nicholas D. Myers2025-03-06T12:02:46+00:00Tags: trademarks|

Protecting your business with non-disclosure agreements

On behalf of The Myers Law Group posted in Intellectual Property on Monday, November 27, 2017. Non-disclosure agreements (NDAs) are taking a hit in the media with the Harvey Weinstein harassment scandal. The movie executive is accused of using NDAs to keep his staff quiet about his personal behavior, which allegedly includes sexual assault and retaliation against women who refused his advances. However, non-disclosure agreements are essential for businesses, especially high-tech companies and start-ups that need to protect their intellectual property. Essential elements of non-disclosure agreements Don't settle for boilerplate language you may see in generic NDA forms. Instead, drill down on the specifics, and [...]

Nicholas D. Myers2025-03-06T12:08:50+00:00Tags: Intellectual Property, Non-Disclosure Agreements|

Is your start-up safe from cybersecurity breaches?

On behalf of The Myers Law Group posted in Intellectual Property on Friday, November 24, 2017. 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 [...]

Nicholas D. Myers2021-10-13T16:22:53+00:00Tags: Cybersecurity, Intellectual Property|

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

On behalf of The Myers Law Group posted in Copyright on Friday, November 3, 2017. 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 A little background: Gerald Brittle is the author of The Demonologist, a book he wrote in the 1980s about real life paranormal investigators, Ed and Lorraine Warren. Brittle claims that [...]

Nicholas D. Myers2021-10-13T16:23:53+00:00Tags: Copyright|

Doubling down in the fast food world

On behalf of The Myers Law Group posted in Trademarks on Monday, September 18, 2017. 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 Newport Beach, California. On the other is the up-and-coming Smashburger company based in Denver, Colorado. The hamburger lawsuit This August, In-N-Out filed a lawsuit against Smashburger for trademark infringement. In-N-Out claims it has been using the trademark phrase DoubleDouble to describe its sandwiches since 1963. In 1966, it trademarked the phrase TripleTriple. In-N-Out also holds state and national trademarks for Double-Double, Triple Triple, and Quad Quad burgers, in addition to trademarks 2 x 2 and [...]

Nicholas D. Myers2021-10-13T16:24:22+00:00Tags: Intellectual Property, trademarks|

HBO series brings patent trolls into the limelight

On behalf of The Myers Law Group posted in Patents on Thursday, September 7, 2017. 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. What is a patent troll? Patents are used to keep others from copying or using something [...]

Nicholas D. Myers2025-03-06T13:10:21+00:00Tags: patents|

Monkey’s selfie case is a lesson in copyright law

On behalf of The Myers Law Group posted in Copyright on Friday, August 18, 2017. 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. Why the photographer was sued by PETA The [...]

Nicholas D. Myers2025-03-06T12:19:08+00:00Tags: Copyright, Copyright Infringement|

OH COSTCO, INFRINGEMENT AGAIN?

By The Myers Law Group posted in Intellectual Property on Wednesday, August 16, 2017. 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] [...]

Nicholas D. Myers2025-02-06T18:51:12+00:00Tags: infringement, Intellectual Property|

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