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.

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 food truck, 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 food truck, you want to make sure it isn't generic, descriptive, or deceptively misdescriptive. For example, MEXICAN FOOD [...]

2026-05-29T09:53:53+00:00

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+00:00

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+00:00

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 [...]

2025-03-06T12:13:04+00:00

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 [...]

2025-03-06T12:23:01+00:00

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 [...]

2025-03-06T12:18:56+00:00

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 [...]

2026-05-29T09:59:50+00:00

Trademark Considerations: Choosing a Business Name

On behalf of The Myers Law Group posted in Trademarks on Thursday, July 16, 2015. You've come up with a brilliant idea. Your family and friends are behind you and you're ready to make it big. But here comes your first potential hurdle: What do you name your new business? Companies creating trademarks (including a business name) often fail to thoroughly research other companies for the same trademark (name, logo, symbol, sound, color used as a distinguishing feature). If you are starting your own business, whether it is a food truck, clothing line, or tech start up, it is important to first make certain [...]

2025-03-06T12:15:13+00:00

Nevada Increases Business Fees

On behalf of The Myers Law Group posted in Business Formation on Thursday, June 18, 2015. The cost of doing business in Nevada is going up... If you have a place of business in Nevada, or are considering forming a corporation, LLC, or other entity in the state, keep reading... The Nevada Secretary of State is dramatically increasing the annual State Business License fee for corporations from $200 to $500. As of July 1, 2015, the cost for the Annual and Initial Lists is also increasing for all entity types by $25. There is a brief window where certain companies can file before the [...]

2025-03-06T12:35:54+00:00
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