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.

Why Is Litigation Bad for Business?

In general, taking issues to court is not always a bad thing. In situations of divorce, child custody, and criminal issues, the court provides a reliable and definite resolution to complicated problems. For many people, litigation is a beneficial way to end a legal dispute and move on with their lives. Unfortunately, this is not always the case. When it comes to businesses, litigation can have a significant negative impact even when that is not the intention. Many business owners know to try and avoid litigation if at all possible, opting for other methods to resolve disputes. Whether you own [...]

2025-03-06T13:08:19+00:00

What Is Litigation in a Business?

When you own a business, it is your responsibility to know and understand a lot of information. This can be confusing and overwhelming, especially if you are traversing a legal issue. Many people feel intimidated by legal scenarios because they feel more serious and often use jargon that is difficult to understand. This can be especially frustrating for business owners. Legal matters are simply a part of doing business. Many companies face legal matters every day through contract negotiation, business-to-business transactions, employee retainers and salaries, and more. Unfortunately, this means that litigation may arise from time to time. If you [...]

2025-03-06T12:34:58+00:00

Pay-Per-View Provider’s $100 Million Suit Against Alleged Illegal Streamers for Jake Paul vs. Ben Askren Fight Ends in Failure

Jake Paul vs. Ben Askren promised to be one of the premier pay-per-view boxing matches of 2021. Unfortunately for the millions who tuned in, the fight ended with a whimper when Askren was knocked out in the first round. And in even worse news for pay-per-view promoter Triller, many of those millions watched via free (and allegedly illegal) online streaming services. Triller promised vengeance, filing a claim in Federal District Court in California in April 2021 against FilmDaily.co and 10 other sites and services that allegedly pirated the fight. Triller brought causes of action for 1) willful copyright infringement for [...]

2022-05-16T10:47:43+00:00

The Coffee Wars Continue for Nespresso

Nespresso has opened a new front in the coffee pod Intellectual Property (IP) wars. Coffee pods have become ubiquitous and their manufacturers have been attempting for years to defend intellectual property rights they claim to have in pod design and function. In April 2021, Nespresso was sued by German coffee giant Kruger in Federal District Court in Los Angeles for allegedly infringing three patents related to its coffee pod extraction technology. That case continues. In September 2021, the Swiss Federal Supreme Court ruled against Nespresso’s attempt to garner trademark protection for its coffee pod design, finding that its pods had [...]

2022-05-16T10:36:24+00:00

Katy Perry Wins Copyright Infringement Case Over Claim by Christian Rapper

On March 10, 2022, the 9th Circuit Court of Appeals upheld a ruling in favor of Katy Perry that overturned a $2.78 million judgment against the iconic pop star. The dispute stems from an 8-note pattern, known in the music world as an “ostinato,” that was featured in Perry’s 2013 hit “Dark Horse.” Christian rapper Marcus Gray, who goes by the stage name “Flame,” first sued Perry and Capitol Records in 2014 arguing that the 8-note melody was substantially similar to his song “Joyful Noise,” thereby infringing his copyright. Perry told a Los Angeles jury that she had never heard [...]

2022-04-29T12:21:05+00:00

Cheating On Exams May Just Have Gotten More Serious

Posting college exam questions online is a tried-and-true strategy practiced by less ethical students for decades. A Chapman University professor may have just found a way to hit back. Professor David Berkovitz of Chapman University’s George L. Argyros School of Business and Economics filed a complaint against five anonymous students in the U.S. District Court in California this past March. He found portions of midterm and final exam questions from his Spring 2021 Business Law course posted on an online forum for students called Course Hero. His complaint alleges that the students infringed his copyright right to “reproduce, make copies, [...]

2022-04-22T13:42:15+00:00

Battle Over Animal-Shaped Trademarks Heats Up

London-based retailer Marks & Spencer finds itself back in court - this time at the receiving end of a trademark infringement claim. Marks & Spencer recently sued German grocery chain Aldi, claiming the chain infringed its Colin the Caterpillar cake and Christmas glitter gin marks by selling similar looking items. Now, the British retailer is itself being sued by French fashion firm Lacoste for allegedly infringing its iconic crocodile logo. Lacoste claims that by using similar crocodile images on dungarees, duvet covers, and other clothing and accessories, M&S are creating a likelihood of confusion between the brands and taking advantage [...]

2022-04-15T12:47:03+00:00

What Can Be Claimed as Intellectual Property?

When working in a field where you’re creating or developing new ideas and materials, it can be complicated to know what is defined as intellectual property and who owns it — especially when you’re first getting started. Intellectual property deals with a wide range of concepts, from creative ideas to algorithms. This means that knowing how to identify intellectual property, its ownership, and the basics of it will help you immensely in the long run. How California Law Defines Intellectual Property To be able to determine whether something can be claimed as intellectual property, you first need to know what [...]

2025-03-06T13:04:02+00:00

Drake and Chris Brown Seek to Dismiss Claim that their Hit “No Guidance” Was Stolen

Rap stars Drake and Chris Brown have asked a U.S. District Court in Florida to dismiss a copyright claim alleging that the pair “copied” another duo’s song when they wrote their 2019 hit “No Guidance.” Brandon Cooper and Timothy Valentine filed a claim against Drake and Brown in October, asserting that “No Guidance” was copied or principally “derived” from “the beat, lyrics, hook, rhythmic structure, metrical placement, and narrative context” of their song “I Love Your Dress.” The pair seek monetary damages including no less than 50 percent of all direct and indirect revenues generated by “No Guidance.” The attorneys [...]

2022-04-11T12:16:32+00:00

Legendary Comedians’ Estates Sue Pandora for Copyright Infringement

Music streaming giant Pandora famously paid a $90 million dollar settlement in 2015 to many of the major record labels for streaming music produced before 1972 without the proper licensing under federal copyright law. Now, Pandora has found itself in hot water again for allegedly violating the copyright rights of artists. On February 7, 2022, the estates of Robin Williams and George Carlin filed suit in California Federal Court against Pandora for “willfully” streaming the late comedian’s routines without permission from the copyright holders. In its complaint, Los Angeles firm King & Ballow, representing the comedians’ estates, allege the legendary [...]

2022-03-25T11:29:55+00:00
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