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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Does Your Business Need a GDPR-Compliant Privacy Policy?

If your business operates a website or potentially collects, transmits, or stores the personal data of European Union (EU) residents, you need to know about the General Data Protection Regulation (GDPR). GDPR is a privacy law regulation for the EU and European Economic Area specifically designed to ensure EU residents have greater control over and protection of their personal data. It applies to every company selling to and storing personal information about EU residents, including companies located outside of the EU. How Does the GDPR Affect Your Business? Non-EU businesses are subject to the GDPR if they collect any personal [...]

2021-10-13T18:55:36+00:00September 11th, 2019|
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What You Need to Know About California Tenant- Landlord Laws

The California real estate market is one of the most expensive in the U.S. This means both that rental properties are very lucrative investments in the Golden State and many families in California cannot afford to purchase their own home. Whether you are a landlord or a tenant, knowing the laws of California can protect you and ensure a smooth transition into the landlord-tenant relationship. Tenant Screening The landlord-tenant relationship begins with the tenant screening process. California allows the landlord discretion in selecting their tenants. Landlords can consider criminal history, credit rating, and financial stability when processing tenants; however, under [...]

2023-08-16T09:51:55+00:00August 7th, 2019|
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Americans with Disabilities Act (ADA) Primer for Property Owners in California

If you are an owner, landlord, or tenant of a property classified as a “public accommodation,” you have an obligation to understand and comply with the Americans with Disabilities Act (ADA) — a federal law designed to prohibit the discrimination of people with disabilities. How does the ADA apply to property owners? Title III of the ADA requires all private places of public accommodation be accessible for the disabled. Examples of public accommodations include privately owned, leased or operated facilities such as: Hotels Restaurants Retail merchants Doctors’ offices The California Disabled Persons Act makes non-compliance with the ADA a violation [...]

2021-11-11T17:38:57+00:00August 7th, 2019|
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What Do to If Someone is Infringing on Your Intellectual Property Rights

What Do to If Someone is Infringing on Your Intellectual Property Rights: Trademark, Copyright, and Patent Infringement Intellectual property (IP) can be staggeringly valuable. Recently, the US-China trade war has escalated in part because of estimates that Chinese theft of US intellectual property costs between $225 and $600 billion annually, according to the U.S. Trade Representative. If you own intellectual property, you should be aware of how you can best protect that IP and what you can do to stop someone from infringing on your trademarks, copyright, or patents. Proper Registration The first and best line of defense against intellectual [...]

2025-03-06T12:52:11+00:00June 25th, 2019|
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Responding to Digital Millennium Copyright Act (DMCA) Notices

Responding to Digital Millennium Copyright Act (DMCA) Notices The Digital Millennium Copyright Act, or DMCA, is an extraordinarily influential law that was passed in 1998 to protect the rights of copyright holders from internet-based infringement. The following article briefly examines one of the most commonly-used tools authorized by the DMCA—the service of DMCA takedown notices—and how you can respond to such notices if you are not infringing on someone’s copyright. Background on the DMCA The DMCA is a comprehensive copyright law designed to balance the rights of both internet service providers (including website owners who host user material on forums, [...]

2025-03-06T13:08:41+00:00June 25th, 2019|
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Where Does the USPTO Draw the Line in Offensive and Scandalous Trademarks?

Offensive and scandalous trademarks have been a hot topic the past few years. In 2017, we had the landmark case, Matal v. Tam, where the Supreme Court of the United States (SCOTUS) affirmed the judgment of the Court of Appeals for the Federal Circuit that the provisions of the Lanham Act prohibiting the registration of trademarks that “may disparage persons, institutions, beliefs, or national symbols” violated the First Amendment. In this case, Simon Tam applied for the trademark, THE SLANTS, which is the name for his rock band comprised of three (3) members all of Asian descent. However, the mark [...]

2025-03-06T12:15:18+00:00June 12th, 2019|
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Protecting Against Theft of Trade Secrets

Whether a business is just beginning or flourishing and growing, trade secrets are crucial to consider and protect. They are often what make a business unique and can effectively set a business up for sustainable and long-term success. While trade secret theft may seem uncommon, several current cases suggest otherwise. “Tappy”—the automated robot used to test iPhones at T-Mobile—is at the center of trade secret theft charges against Huawei Device Co. and Huawei Device USA Inc. Huawei was originally contracted in 2010 by T-Mobile to supply phone handsets, but used the relationship to gain access to and photograph the testing [...]

2025-03-06T12:50:00+00:00May 26th, 2019|
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Breach of Real Estate Contract – A Broken Promise

Breach of Real Estate Contract: A Broken Promise If you have ever purchased real estate property, and certainly if you invest in commercial or residential real estate as a business, then you know that the time between signing a real estate contract and closing on the property can be a stressful period. While many closings are completed without issue, some real estate contracts are not performed or are anticipatorily breached which can prevent the closing from occurring or result in a different outcome than the parties bargained for. Under California laws, a contract for the sale of real estate must [...]

2021-11-11T17:31:38+00:00April 3rd, 2019|
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United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit

United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit Registration Requirement and Retroactive Protection Earlier this month, the Supreme Court of the United States held that once a registration of the copyright occurs, a copyright owner can recover for infringement. This is affirming Section 411(a) under the Copyright Act of 1976 (“Copyright Act”), which states a copyright registration is required before the copyright owner may file a lawsuit against any infringer(s). The case, Fourth Estate Public Benefit Corp. v. Wall-Street, further established that a “copyright owner can recover for infringement that occurred both before and after registration.”  Thus, [...]

2021-10-11T19:34:15+00:00March 22nd, 2019|Tags: , , , , , , , , , , |
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Is Your Website ADA-Compliant?

Many of us see the Internet as a tool for making life easier, allowing us to perform necessary life functions from wherever we have Internet access. We can apply for jobs online, manage our bank accounts online, order groceries online, and even decide what we want to eat before we get to a restaurant by looking at their menu online. As more and more businesses advertise and offer goods and services online, their websites have gained almost the same level of importance as their brick-and-mortar stores, and the ability to access business websites unencumbered has become integral to being able [...]

2025-02-06T18:51:43+00:00March 7th, 2019|Tags: , , , , , , |
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