Intellectual Property Archives

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, [...]

Nicholas D. Myers2021-10-11T19:34:15+00:00March 22nd, 2019|Tags: Copyright, copyright apparel designs, copyright applications, copyright attorney, copyright lawyer, copyright live webcasts, copyright registration, copyright stylized logos, copyright video podcasts, copyright website, supreme court decision|

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 [...]

Nicholas D. Myers2023-08-16T10:04:31+00:00April 19th, 2018|Tags: Intellectual Property|

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, [...]

Nicholas D. Myers2021-10-13T15:46:44+00:00February 13th, 2018|Tags: Intellectual Property, Trade Dress|

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 [...]

Nicholas D. Myers2021-10-13T15:47:48+00:00January 15th, 2018|Tags: Intellectual Property, trademarks|

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 [...]

Nicholas D. Myers2023-09-12T20:22:44+00:00November 27th, 2017|Tags: Intellectual Property, Non-Disclosure Agreements|

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 [...]

Nicholas D. Myers2021-10-13T16:22:53+00:00November 24th, 2017|Tags: Cybersecurity, Intellectual Property|

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] [...]

Nicholas D. Myers2023-09-12T20:21:55+00:00August 16th, 2017|Tags: infringement, Intellectual Property|

Who Owns ‘Who’s On First?’

On behalf of The Myers Law Group posted in Intellectual Property on Friday, June 9, 2017. Copyrights created in times past are sometimes challenged using today's laws. This year, the rights to a classic piece of vaudeville will take center stage before the U.S. Supreme Court. Bud Abbott and Lou Costello's

Nicholas D. Myers2021-10-14T11:36:08+00:00June 9th, 2017|Tags: comed, Copyright, Intellectual Property, lawsuit, legal, rights|

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|