Intellectual Property Archives

Who’s the biggest loser now?

On behalf of The Myers Law Group posted in Intellectual Property on Wednesday, May 31, 2017. Jillian Michaels is well known for her role as a fitness trainer for the TV show The Biggest Loser. Since her first appearance on the show in 2004, she went on to become a celebrity fitness guru. She is known for her tough but caring style as a trainer on television, but also for the numerous physical fitness DVDs, online videos, books and workout routines she has created. An astute businesswoman, by 2015, Michaels had built a successful fitness business and a highly recognizable brand. But there was [...]

Nicholas D. Myers2021-10-13T16:35:18+00:00May 31st, 2017|Tags: diet, exercise, Intellectual Property, rights, TV|

The Unauthorized Pop-Up Art Exhibit: Artist Discovers Knock-Offs of His Artwork All Around OC

By The Myers Law Group posted in Intellectual Property on Friday, March 17, 2017. A Southern California artist, Donald Wakefield, was surprised to find unauthorized knock-offs of his art years after he created and gifted his one-of-a-kind granite sculpture to a colleague's son. His original sculpture, "Untitled" (pictured on the far left), was created in 1992. Approximately sixteen (16) years after Wakefield's creation, Wakefield endeavored to investigate whether other unauthorized knock-offs of his work existed. He discovered that knock-offs of his work, and the work of other artists, were displayed throughout Orange County on properties developed by Olen Properties Corporation ("Olen") which is owned [...]

Nicholas D. Myers2021-10-13T16:38:04+00:00March 17th, 2017|Tags: artwork, Copyright Infringement, Intellectual Property, sculpture|

Do you know how to protect your fashion designs?

On behalf of The Myers Law Group posted in Intellectual Property on Thursday, March 9, 2017. Ivanka Trump's clothing and jewelry lines have been pulled from a number of retail stores in recent weeks. Other retailers - including T.J. Maxx and Marshalls - have stopped promoting her brand, choosing instead to mix her products in with other name brands in their stores. Nordstrom blames lagging sales in 2016 as its reason for dropping her designs, denying that the boycott instigated by Grab Your Wallet had anything to do with it. Other big-name retailers are still contemplating similar moves. Ivanka Trump's intellectual property woes This is [...]

Nicholas D. Myers2023-08-16T10:07:34+00:00March 9th, 2017|Tags: fashion designs, Intellectual Property|

If Trump can copy a cake, how can I protect my recipes?

On behalf of The Myers Law Group posted in Intellectual Property on Wednesday, February 8, 2017. President Trump's inauguration caught the eye of foodies across the country. Eyebrows were raised - not because of the sumptuous appetizers, but because of alleged food plagiarism. Copycat cake gives rise to #CakeGate The cake cut with a sword by President Trump and Vice President Pence at the Salute to Our Armed Services Ball was an exact replica of a cake created for Obama's second inauguration in 2013. The original creator, Duff Goldman, a pastry chef who starred on Food Network, immediately noticed the duplication and started a [...]

Nicholas D. Myers2021-10-13T16:41:39+00:00February 8th, 2017|Tags: Intellectual Property, trade secrets|

SiriusXM and The Turtles are Not So Happy Together: Royalties Owed for Satellite Radio Use of Pre-1972 Recordings Pending Court Approval

By The Myers Law Group posted in Intellectual Property on Friday, January 13, 2017. Former members of the 1960s rock group, The Turtles, brought a class action lawsuit against SiriusXM back in 2013 for playing their pre-1972 recordings without their permission. Just as the case was set to go to trial, SiriusXM decided to settle with the band and thousands of recording owners for a whopping $99 million. Pre-1972 recordings are not covered under federal copyright laws, so instead The Turtles went after royalty payments owed under state copyright laws in California, Florida, and New York. Before the suit, digital radio services did not [...]

Nicholas D. Myers2021-10-13T16:41:54+00:00January 13th, 2017|Tags: Copyright, Intellectual Property, music|

7 MUST KNOW FACTS ABOUT U.S. COPYRIGHT LAW

On behalf of The Myers Law Group posted in Copyright on Friday, September 30, 2016. 1. What is a copyright? A copyright allows authors of "original works of authorship," such as literary, dramatic, musical, artistic, and other intellectual property works to have a form of protection. 2. What are your rights granted under copyright? A copyright grants you many exclusive rights including: reproducing the work, creating derivative works based on the work, distributing copies of the work, publicly displaying the work, performing the work and performing the work publicly by means of digital audio transmission (for sound recordings). 3. What cannot be copyright protected? [...]

Nicholas D. Myers2023-08-16T09:50:39+00:00September 30th, 2016|Tags: Copyright, Intellectual Property|

FASHION DESIGNERS HIT A ROAD BLOCK: Moschino and Roberto Cavalli Sued For Infringing on Street Art

By The Myers Law Group posted in Copyright on Friday, September 30, 2016. Lately, fashion designers have been losing their artistic inspiration and instead have turned to grabbing the design work of others, specifically street artists. Italian Fashion house Moschino was sued by street artist Joseph Tierney, also known as Rime, for using his "Vandal Eyes" mural in Moschino's February 2015 fashion line. The brand also publicly flaunted the design on singer Katy Perry alongside Moschino designer Jeremy Scott at the 2015 Met Gala, an event that is highly publicized. Tierney claims that the dress constituted unfair competition and violated his publicity rights. Right of [...]

Nicholas D. Myers2021-10-13T16:45:45+00:00September 30th, 2016|Tags: Copyright, Copyright Infringement, fair use, Intellectual Property|

PIKASUE NO MORE: RageOn Clothing Company and Pokemon Company Settle Copyright Infringement Lawsuit

By The Myers Law Group posted in Copyright on Friday, September 23, 2016. RageOn, a Cleveland based t-shirt company, recently faced a copyright infringement lawsuit from Pokemon Company International for depicting their protected Pokemon characters on clothing. One character in question was Pikachu, dressed as a Hasidic Jew surrounded by piles of cash and renamed as Pikajew. Another shirt had a character called Jiggly Puff that was smoking marijuana. RageOn claimed protection under the fair use doctrine because their shirts are "clearly socially and politically-relevant commentary." However, the Court would have looked at the four factors of fair use: (1) the purpose and character of [...]

Nicholas D. Myers2023-08-16T09:45:37+00:00September 23rd, 2016|Tags: Copyright, Copyright Infringement, fair use, Intellectual Property, licensing agreements|

What every business needs to know about trademark basics

On behalf of The Myers Law Group posted in Trademarks on Monday, June 13, 2016. If you run a business, you want your products or services to stand out to potential customers in order to maximize your sales and profits. Developing a trademark is one way that your business can accomplish this. Trademarks are protections for the name and marking a business will use for advertising and promotion. They are normally considered valid whether a trademark registration has occurred or not, but registering the mark with the Patent and Trademark Office (PTO) offers extra legal protection, especially if a conflict arises where one of your competitors [...]

Nicholas D. Myers2023-08-16T09:57:05+00:00June 13th, 2016|Tags: Intellectual Property, trademark lawyer, trademarks|