Is Your Barbershop Conversation Protected by Copyright?

On behalf of The Myers Law Group posted in Intellectual Property on Thursday, April 19, 2018. Can you seek intellectual property protection if you film people talking in a barbershop? It is a hot topic in sports-talk circles right now. The answer has surprising lessons for anyone interested in IP law. Dueling barbershop talk videos Basketball superstar LeBron James sent a cease and desist letter to Nick Saban, the head football coach of the Alabama Crimson Tide. In the letter, James accuses Saban of stealing his video concept in violation of his intellectual property rights. James has a web series called "The Shop" in which [...]

2023-08-16T10:04:31+00:00April 19th, 2018|Tags: |

Don’t Believe Everything You Hear About Yeezy’s International War

On behalf of The Myers Law Group posted in Trademarks on Wednesday, April 11, 2018. Did you hear about the international battle between Kanye West and a Chinese company? Celebrity news websites TMZ and PEOPLE reported that the famous musician turned fashion designer was strapping on his "fightin' shoes" in order to go toe-to-toe with Fujian Baby Network Technology Co., a clothing company in China. West, who sells shoes and clothing under the name "Yeezy," was reported to have dropped the ball by failing to keep his trademark paperwork up-to-date. The news publications stated that the heated battle began when Fujian Baby swept in [...]

2022-11-03T16:23:32+00:00April 11th, 2018|Tags: , |

Are your musical works protected like Taylor Swift’s?

On behalf of The Myers Law Group posted in Copyright on Wednesday, March 7, 2018. Pop star Taylor Swift recently prevailed in a lawsuit regarding one of her popular songs. Four co-songwriters claimed that she copied a phrase from their 2001 song written for another band and used it in her 2014 hit song "Shake If Off." The lyrics regarding the notions that players play and haters hate was used in both songs. Fortunately for Swift, the judge decided that the "two truisms" were not creative and original enough for copyright protection, and he dismissed the case. While the songwriters have the right to [...]

2023-08-16T10:04:22+00:00March 7th, 2018|Tags: , |

Trade dress protection for Valentine’s Day offerings

On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, February 13, 2018. It's that time of year again when stores are awash in red and pink hearts. Valentine's Day is here and with it comes holiday spending. About 54% of American's will be participating in Valentine's Day celebrations and gift exchanges. Estimated at around $18.2 billion or roughly $137 per person, Valentine's Day spending is dwarfed only by Christmas and Halloween. A small portion of that figure will be spent on candy and chocolates. Candy sales account for $1.7 billion of Valentine's Day sales. Given the amount of money at play, [...]

2021-10-13T15:46:44+00:00February 13th, 2018|Tags: , |

Did you suffer losses when a counterfeiter copied your designs?

On behalf of The Myers Law Group posted in Intellectual Property on Monday, January 15, 2018. Every 90s sitcom, especially Seinfeld and Friends, made jokes about buying fake designer clothes and jewelry on street corners. It was enough to make you think that every corner of every major city had a table on it full of fake Prada handbags and Swiss-esque watches. Maybe there were bootleggers on every corner, and maybe there weren't, but when you read about 400 fake Air Jordan sneakers being ceased by the government, it really makes you wonder about the size of the counterfeit merchandise industry. If they had been real Nike shoes, their value [...]

2021-10-13T15:47:48+00:00January 15th, 2018|Tags: , |

Protecting your business with non-disclosure agreements

On behalf of The Myers Law Group posted in Intellectual Property on Monday, November 27, 2017. Non-disclosure agreements (NDAs) are taking a hit in the media with the Harvey Weinstein harassment scandal. The movie executive is accused of using NDAs to keep his staff quiet about his personal behavior, which allegedly includes sexual assault and retaliation against women who refused his advances. However, non-disclosure agreements are essential for businesses, especially high-tech companies and start-ups that need to protect their intellectual property. Essential elements of non-disclosure agreements Don't settle for boilerplate language you may see in generic NDA forms. Instead, drill down on the specifics, and [...]

2023-09-12T20:22:44+00:00November 27th, 2017|Tags: , |

Is your start-up safe from cybersecurity breaches?

On behalf of The Myers Law Group posted in Intellectual Property on Friday, November 24, 2017. Do you intend to start a new business venture in 2018? Are you developing a fantastic product with some business associates that you are keeping secret for the time being? What steps are you taking to get your start-up business off on the right foot? If you handle your finances, share documents and store files electronically, you are in danger of getting hacked. Every business -- including your start-up -- is a potential target. In fact, sending emails and storing information on the Cloud has already exposed you [...]

2021-10-13T16:22:53+00:00November 24th, 2017|Tags: , |

Doubling down in the fast food world

On behalf of The Myers Law Group posted in Trademarks on Monday, September 18, 2017. There is a trademark battle sizzling between two hamburger restaurants. On one side is In-N-Out, a long-standing and popular burger joint based in Newport Beach, California. On the other is the up-and-coming Smashburger company based in Denver, Colorado. The hamburger lawsuit This August, In-N-Out filed a lawsuit against Smashburger for trademark infringement. In-N-Out claims it has been using the trademark phrase DoubleDouble to describe its sandwiches since 1963. In 1966, it trademarked the phrase TripleTriple. In-N-Out also holds state and national trademarks for Double-Double, Triple Triple, and Quad Quad burgers, in addition to trademarks 2 x 2 and [...]

2021-10-13T16:24:22+00:00September 18th, 2017|Tags: , |

OH COSTCO, INFRINGEMENT AGAIN?

By The Myers Law Group posted in Intellectual Property on Wednesday, August 16, 2017. On August 14, 2017, District Judge Laura Swain, Southern District of New York, issued her Memorandum Opinion and Order ("Order") in the case of Tiffany and Company v. Costco Wholesale Corporation. In her Order, Judge Swain found that Tiffany is "entitled to recover trebled profits of $11.1 million" and "punitive damages of $8.25 million" against Defendant Costco. Judge Swain's Order follows her granting of summary judgment in favor of Tiffany "holding Costco liable for trademark infringement and trademark counterfeiting . . . with respect to engagement rings sold under [Costco] [...]

2023-09-12T20:21:55+00:00August 16th, 2017|Tags: , |
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