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 [...]

2023-08-16T10:07:34+00:00March 9th, 2017|Tags: , |

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 [...]

2021-10-13T16:41:39+00:00February 8th, 2017|Tags: , |

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 [...]

2021-10-13T16:41:54+00:00January 13th, 2017|Tags: , , |

Disney drama reveals the depth of China’s IP problems

On behalf of The Myers Law Group posted in Intellectual Property on Monday, November 28, 2016. China has long been depicted as a wild west for intellectual property rights. For decades it was famous as a pirate publisher and maker of knockoff products. The country has been trying to adopt a more law-based approach to IP, but problems continue to occur. The latest company caught up in this confusion is the Walt Disney Company. Disney licenses Disney Shanghai, an immense installation that opened this past June. As is customary, Disney gave the park exclusive rights to its characters. Imagine the consternation, then, when a [...]

DRESS UP AS A CELEBRITY—IF YOU DARE: How Right of Publicity Issues May Arise When Choosing Your Halloween Costume

By The Myers Law Group posted in Intellectual Property on Wednesday, October 12, 2016. Halloween 2016 is sure to bring some of the most entertaining pop culture costumes like the characters from Suicide Squad. These characters belong to DC Comics and costume companies that create and sell these type of costumes for profit must license out the intellectual property for each costume design from its respective owner. Then there are those costumes of real people like the presidential candidates, Miley Cyrus, Beyonce, and Kim Kardashian West. Whether you exercise the right or not, everyone has the right to control their name and likeness for [...]

2023-08-16T09:56:40+00:00October 12th, 2016|

Naming Your Foodtruck

On behalf of The Myers Law Group posted in Intellectual Property on Monday, August 17, 2015. When selecting the name for your new foodtruck, or for any good or service, you need to carefully consider your options. It is important to make sure that your proposed name would not fall under the "generic" or "merely descriptive" categories, thereby eliminating or hurting your chances of obtaining a trademark registration (and making it easier for the competition to 'steal' your brand). When considering a name for your foodtruck, you want to make sure it isn't generic, descriptive, or deceptively misdescriptive. For example, MEXICAN FOOD TRUCK is generic for [...]

2021-10-13T16:50:34+00:00August 17th, 2015|

Are You Considering Crowdfunding to Raise Funds?

On behalf of The Myers Law Group posted in Intellectual Property on Monday, August 17, 2015. Crowdfunding is a new way to help turn ideas into reality. Instead of going the traditional route of using your own money, borrowing from family or friends, taking out a bank or small business loan, or seeking investors through venture capital groups, an entrepreneur can create a page on one of the many popular crowdfunding platforms and bring interested potential investors to him/her. One of the perks of going the crowdfunding route is that your "investors" (the businesses and/or individuals who donate to your campaign) are not considered [...]

2021-10-13T16:50:55+00:00August 17th, 2015|

She Stole My Look!

On behalf of The Myers Law Group posted in Intellectual Property on Monday, August 17, 2015. Fashion is big business and, with good reason, clothing designers and companies are always looking for ways to protect their designs and collections. So how can a designer or company prevent others from stealing their designs? One way to protect your fashion brand is by utilizing copyright protection. A copyright is automatically fixed upon completion of a work. But by filing for a copyright registration with the US Copyright Office, a fashion designer can gain additional protections and abilities. It is important to note that a copyright won't [...]

2021-10-13T16:51:42+00:00August 17th, 2015|

Idea Theft and Intellectual Property Infringement

On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, July 21, 2015. Idea theft is a real threat that one often sees in the tech industry. A theft scenario may involve an entrepreneur pitching an idea to a prospective partner, intending to work together to create the next big social network or cellphone app. However, instead of working with you, the person you pitched may 'steal' your idea (without paying you for it) and bring it to another team to develop as their own concept. Of course, if confronted, that person will claim the idea is different or argue the [...]

2021-10-13T16:53:48+00:00July 21st, 2015|

Sirius XM Faces a Class Action for Playing Pre-1972 Sound Recordings

On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, June 16, 2015. Internet radio services continue to offer new lessons with respect to licensing songs for public performance. The latest lesson: Radio services should not simply follow the customs of the industry, because those customs may be contrary to law. Recently, a California district court granted a motion for class certification in a lawsuit against satellite and internet radio service Sirius XM Radio. The lawsuit will now cover anyone with a pre-1972 sound recording that was played on Sirius XM's service on or after August 21, 2009 without authorization. The [...]

2021-10-13T16:55:23+00:00June 16th, 2015|
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