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.

The Match of the Henleys: The Eagles vs. the T Shirt

On behalf of The Myers Law Group posted in Trademarks on Thursday, May 7, 2015. Don Henley, a former member of the rock band the Eagles, has sued a company for using a pun to sell the style of shirts that share his name. The Minnesota-based Duluth Trading Company marketed its Henley shirts (a T-shirt with a short row of vertical buttons down the front) with the phrase, "Don a Henley and Take It Easy." Mr. Henley complained that the campaign references both his name and the title of the group's breakthrough single, "Take It Easy." Mr. Henley did not want consumers to believe [...]

Nicholas D. Myers2021-10-13T17:48:29+00:00

Bob Marley’s Heirs Take on Intellectual Property Infringers

On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, April 28, 2015. Celebrity product endorsements can create a number of interesting intellectual property issues. Take, for example, the common image of Bob Marley on T-shirts and other merchandise, many of which are printed without permission of the owners of Bob Marley's likeness - his children. Tired of their father's over-exposure, and wanting to protect their father's image, the children of Bob Marley and their licensee (one company is licensed to use the image and likeness of the famous Rastafarian) have sued various companies for using Mr. Marley's image on clothing [...]

Nicholas D. Myers2021-10-13T17:47:55+00:00

Downloading Images to Your Website and Potential Copyright Infringement

On behalf of The Myers Law Group posted in Copyright on Thursday, April 23, 2015. You're updating your website and find a few nice photos on Google Images. No harm in downloading them and putting them on your website, right? Wrong. And a Washington, D.C. patent lawyer has just learned the hard way that using stock photos without permission can be costly. Masterfile Corp., a photo supplier, alleged that the lawyer illegally used two files of people dressed in suits on his website. The licensing company sought $150,000 in damages for using the photos without permission. The suit settled for a small sum. While [...]

Nicholas D. Myers2023-08-16T10:02:31+00:00

Can an Heir Sue for Copyright Infringement?

On behalf of The Myers Law Group posted in Copyright on Tuesday, April 21, 2015. A new case involving the intellectual property rights of the heirs of the composer of a popular television show may test the limits of who may sue for copyright infringement. In late March 2015, the children of Morton Stevens, the award-winning TV and film music composer who created the theme music for the show Hawaii Five-0, sued CBS for copyright infringement in federal court in Los Angeles. The original Hawaii Five-0 television show ran from 1968 to 1980. Mr. Stevens created an iconic theme song, and he created it [...]

Nicholas D. Myers2025-03-06T12:22:33+00:00

What are Trade Secrets?

On behalf of The Myers Law Group posted in Trade Secrets on Friday, April 17, 2015. Trade secrets are information of any kind, including a formula, pattern, method, technique, or process, with two specific qualities. First, the information must have "independent economic value from not being generally known to the public." Second, the trade secret's owner must take "reasonable steps to maintain the secrecy of the information." A judge or jury would likely analyze this information, examining such factors as sensitivity, who needs access to the information, and whether employees of the company with the trade secrets were actually following internal procedures for protecting [...]

Nicholas D. Myers2025-03-06T10:29:36+00:00

Innovation Act: Congress To Stand Up to Patent Trolls?

On behalf of The Myers Law Group posted in Patents on Thursday, April 9, 2015. Patent law in the U.S. might change once again: as of February 2015, Congress is reconsidering the "Innovation Act," a bill that could implement several changes, including making it difficult for non-practicing entities (also known as "patent trolls") to claim their patents have been infringed upon. Patent trolls usually buy up patents and then use them against unsuspecting businesses, without contributing anything to the economy themselves. Often, defendants will simply settle the case as a way to avoid further costly litigation. It is easy to see, then, why many [...]

Nicholas D. Myers2021-10-13T17:55:34+00:00

Bull vs. Ox: Red Bull Takes on Beer Company to Protect Its Intellectual Property

On behalf of The Myers Law Group posted in Trademarks on Tuesday, April 7, 2015. A small Virginia-based beer manufacturer called Old Ox Brewery is defending itself in a trademark challenge against energy drink company Red Bull - all because Red Bull argues that the word "ox" could cause consumer confusion. Trademark infringement occurs when there is an unauthorized use of a trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception, or mistake about the source of the goods or services. Here, Red Bull is concerned that consumers who know and purchase their [...]

Nicholas D. Myers2021-10-13T17:55:47+00:00

Patent Infringement Claims and Attorney Fees

On behalf of The Myers Law Group posted in Patents on Tuesday, March 31, 2015. If you bring a claim for patent infringement, a recent case from the U.S. Supreme Court has made recovery of attorneys' fees easier than ever before. Typically, the party that wins the lawsuit in a patent infringement case has a right to seek attorneys' fees if a case is considered "exceptional" under a particular statute. These types of fee arrangements are meant to serve as a deterrent to parties who want to bring unwarranted suits on invalid or unenforceable patents. In this case, the Supreme Court re-examined the statute [...]

Nicholas D. Myers2021-10-13T17:56:00+00:00

Ssshhh . . . Trade Secrets

On behalf of The Myers Law Group posted in Trade Secrets on Thursday, March 19, 2015. If you have developed a product, add another duty to your list of obligations: examining other similar products, patent filings, etc. to determine whether a competitor is misappropriating trade secret information. If you do not monitor the filings or if you do and fail to prosecute trade secret misappropriation claims, you may lose the right to sue for trade secret misappropriation. A trade secret is secret information that gives the owner a competitive business advantage simply because the competitors do not know this information. A trade secret can [...]

Nicholas D. Myers2021-10-13T17:57:25+00:00

Taylor Swift Seeks to Trademark Signature Catchphrases

On behalf of The Myers Law Group posted in Trademarks on Tuesday, March 17, 2015. Recent news that pop sensation Taylor Swift has applied to trademark "catchphrases" from her "1989" album (such as "This Sick Beat," "Nice to Meet You. Where You Been?" and "Party Like It's 1989") has appeared to open the floodgates in terms of trademark questions. Can anyone trademark any phrase that pops into their minds, for use in the sale of certain products? The answer is yes, as long as you follow a few basic guidelines, according to NYU Law School professor Christopher Sprigman, who spoke to Money magazine about [...]

Nicholas D. Myers2026-05-29T10:00:17+00:00

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