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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The “Real” Lady A

Recently, country music trio Lady Antebellum changed their name to “Lady A” in the wake of the George Floyd protests and Black Lives Matter movement. (The old name carried an uncomfortable connection with the pre-Civil War, slave-holding South). But there was a problem: Since the early 1990s, Seattle blues singer Anita White had been using the stage name Lady A. At first, it seemed the two parties would settle the matter of who could use the name amicably and out of court. But negotiations broke down in July of 2020, when the band formerly known as Lady Antebellum filed an [...]

2022-03-11T10:56:12+00:00March 11th, 2022|
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Why You Should Consider the Copyright Implications of NFTs Before Investing

NFTs (or Non-Fungible Tokens) have become the new investment craze - surpassing $40 billion in transactions in 2021. A growing number of celebrities are jumping in on the action, with stars like Tom Brady, Snoop Dogg, Paris Hilton, and The Weeknd all ‘dropping’ their own NFTs or going public about their big investments in the new technology. Even the ever-mercurial Elon Musk temporarily got in on the game, reporting he would sell his song about NFTs as an NFT before backing out and labeling the new NFT-obsessed digital landscape as a ‘sign of mental illness’. The speed with which the [...]

2022-03-11T10:35:26+00:00March 4th, 2022|
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Match.Com Trademark Infringement Lawsuit Against Muzmatch

Match Group, which claims it “pioneered the concept of online dating” more than 20 years ago, has accused another dating app, Muzmatch, of using the word “match” in its website's metadata to help boost its profile in internet searches.  This is not the first time Match Group has filed a lawsuit against a competitor dating site. Match sued popular dating service Bumble in 2018, prompting the competition to file a counterclaim. The two corporations reached an agreement to cease their legal battle in June 2020 but did not reveal the terms of the deal. Match Group, the parent company of [...]

2022-02-25T07:46:32+00:00February 25th, 2022|
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Original Winnie the Pooh Book and Characters Entering the Public Domain

There is an immense collection of non-copyrighted information that is largely unexplored. This information, referred to as "public domain," generally consists of works whose copyright term has expired. However, there are several hitches that may come with using public domain content. Winnie The Pooh Book and Characters entering the public domain is a great example of this. Winnie the Pooh Book and Characters entering Public Domain U.S. Copyright law protects movies, audio, and books produced in the United States. However, copyrights ultimately expire, and when they do, the works become "public domain," meaning that anyone can share them — or [...]

2022-02-18T11:07:57+00:00February 18th, 2022|
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Meghan Markle V UK News for Copyright Infringement

In a years-long battle, Meghan Markle comes out the victor. Associated Newspapers, the publisher of the Daily Mail, Mail on Sunday, and MailOnline, recently lost on appeal its three-year court fight against Meghan Markle, Duchess of Sussex, over the Mail on Sunday's publication of excerpts from a letter written by the duchess to her father, Thomas Markle, in August 2018. Upon publication of the letters, Meghan filed a lawsuit for copyright infringement and invasion of privacy, claiming that her father's letter was "private and personal." In February 2021, High Court judge Mr. Justice Warby granted a summary judgment in the [...]

2022-02-11T12:25:48+00:00February 11th, 2022|
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Taylor Swift “Shake It Off” Copyright Lawsuit

Copyright protection is critical for businesses of all sizes as it allows them the opportunity to benefit from their work. There would be little financial incentive for new ideas, music, art, design, or enterprise without such protection. A copyright exists from the moment a creative work, such as a poem, book, film, music, image, software, or song lyrics, is created so long as it demonstrates some level of labor, skill, or judgment (known as “a modicum of creativity”). However, an individual or business must file for copyright protection with the U.S. Copyright Office to be able to pursue infringers via [...]

2022-02-04T10:38:32+00:00February 4th, 2022|
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How Are Most Copyright Disputes Settled?

Businesses create original, creative works every day that are subject to copyright laws, from employee manuals and marketing materials to website content and software code. These assets are incredibly valuable for your business, but they are constantly at risk for being used, reproduced, and distributed by unauthorized users hoping to save time and money or even pass these works off as their own. Given how important your copyrighted works are to the success and continued growth of your business, it is absolutely essential to protect your works by registering your copyrights with the US Copyright Office and to respond to [...]

2025-03-06T12:22:43+00:00September 9th, 2021|
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What Is an Example of a Copyright Violation?

When most business owners consider what makes their brand unique in the modern market, they typically focus on the products or services they provide and the skilled experts they employ to keep their business operating at peak performance. Although these elements are clearly important for any business, one crucial component is often overlooked – intellectual property. Intellectual property (IP) consists of original creations developed by the human mind, from architectural blueprints to computer software programs. Because IP is intangible, unlike traditional property such as real estate or goods, maintaining control of IP is particularly difficult, and the unauthorized use of [...]

2025-03-06T12:22:22+00:00September 9th, 2021|
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Pandemic Causes Spike in Trademark and Copyright Applications

The Coronavirus pandemic that has swept the globe for the last several months has had many surprising effects, from the widespread implementation of social distancing guidelines and required face coverings in public places to massive spikes in to-go orders and carryout services from local restaurants and grocery stores. The pandemic has also wreaked havoc on the nation’s economy, resulting in millions of lost jobs, a jump in claims for unemployment benefits all over the country, and uncertainty about the nation’s economic future in the years to come. However, one of the unexpected results of the Coronavirus pandemic is the recent [...]

2025-03-06T12:03:54+00:00July 8th, 2020|
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Tom Brady Waits for USPTO Ruling for New Tampa Bay Trademarks

Former New England Patriots quarterback Tom Brady recently signed with the Tampa Bay Buccaneers. After 20 seasons with the New England Patriots, the news comes as a shock to many football fans. The change is also going to lead to some interesting new trademarks. Tampa Bay wide receiver Chris Godwin even switched his jersey number to 14 so newcomer Brady could keep his signature number 12. Professional athletes typically establish corporate entities that allow them to more easily manage trademarks related to their professional careers, likenesses, and merchandising efforts. TEB Capital Management, Inc. is Tom Brady’s corporate entity, which recently [...]

2021-10-12T20:19:59+00:00June 15th, 2020|
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