nicholas wells

Partner at Legends Law Group -- trademarks, copyrights, and opinions

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How Much Does it Cost to Register a United States Trademark

By Nicholas Wells The cost to register a federal trademark in the United States normally … Read More

What Are Moral Rights in a Copyrighted Work?

By Nicholas Wells In the world of intellectual property—specifically copyright—moral rights are a special set of rights that are owned by the … Read More

How and Why to Register Copyright in Your Work

By Nicholas Wells Copyright is a legal right that gives the creator of a work an exclusive right … Read More

Nicholas Wells February 28, 2014

Michael Jordan Doesn’t Need Your Help, Thanks

If you use the name of a famous person in your advertisement, do you need that person’s permission?  What if it’s a news story instead of an advertisement?  What if it’s a “congratulatory” message that seems to fall between these two?  The U.S. Court of Appeals for the Seventh Circuit has just issued a ruling […]

Filed Under: Right of Publicity

Nicholas Wells September 27, 2013

Social Media and the Law: Book Review

UPDATE:  PLI will give a 20% discount to anyone buying Social Media and the Law through this link. Thanks for reading! Social Media started as a technology niche but has now become a part of everyone’s lives.  Understanding its impact on business development, customer relationships, and product placement—among other issues—is critical for any business that […]

Filed Under: Internet Law

Brand Protection in China: Don’t Wait!

Nicholas Wells September 5, 2013

Brand Protection in China: Don’t Wait!

The third best-selling sedan in California right now is not Lexus or BMW or Mercedes. It’s an electric car called Tesla.  But Tesla was not in the news last month because of its record sales.  It was in the news because its expansion plans in China were held back by trademark problems. A man in […]

Filed Under: Trademarks

Nicholas Wells April 6, 2013

Legal Discipline and LegalZoom

A few months ago, the U.S. Patent and Trademark Office dealt with a disciplinary case where a person ran an “inventor’s network” and handled more than 150 patent applications, even though he was not a registered patent attorney. Although the bar to becoming a registered patent attorney is high, the USPTO has very rarely gone […]

Filed Under: Trademarks

Nicholas Wells February 12, 2013

When Superman Sues You

Can Super Heroes Be Trademarked? A recent piece at the Guardian discusses the efforts of comics creator Ray Felix to resolve a dispute with Marvel Comics and DC Comics about his comic title A World Without Superheroes.  The issue may shock you:  SUPER HEROES is a registered trademark in the US for comics, so Felix’ […]

Filed Under: Trademarks

Three Reasons Why You Should Be Careful Using Crowdfunding

Nicholas Wells February 9, 2013

Three Reasons Why You Should Be Careful Using Crowdfunding

Crowdfunding can be great.  Kickstarter, Indiegogo and dozens of others can get donors signed on to your projects and help you create the Next Big Thing.  But before you rush to post your idea and start collecting quarters, consider the risks as well.  Seth Quest forgot about that part.  He just declared bankruptcy because a […]

Filed Under: Trademarks Tagged With: crowdfunding, IP, patents, trademarks

Eight Reasons Not to Use the Madrid Protocol for Trademark Protection in the United States

Nicholas Wells February 6, 2013

Eight Reasons Not to Use the Madrid Protocol for Trademark Protection in the United States

Note:  I first published this article as the cover story in the Dec/Jan 2013 issue of ITMA Review, a print-only publication from the UK’s Chartered Institute of Trade Mark Attorneys.  It was co-authored with Allister McManus of ipconsult.   The Madrid Protocol is a tremendous tool for helping your clients secure trademark protection in other […]

Filed Under: Trademarks

The Khroma Brand Name & The Kardashians – Trademark Law at work

Nicholas Wells January 24, 2013

The Khroma Brand Name & The Kardashians – Trademark Law at work

Chroma is the Greek word for color, and many entrepreneurs are now sorry that they ever decided to use even a variation of that word in their business names. Since the Kardashian sisters have entered the makeup marketplace with their line of Kardashian Khroma makeup, small cosmetic business owners across the country have begun to […]

Filed Under: Trademarks

Recipe Copyright Ownership for Restaurants and Chefs

Nicholas Wells November 14, 2012

Recipe Copyright Ownership for Restaurants and Chefs

There are many nuances when it comes to copyright ownership of recipes created by a chef while employed at a restaurant, but there are some simple ways for a restaurant owner to protect recipes created by a chef from copyright issues. The easiest and simplest way is for the chef to sign a written employment […]

Filed Under: Copyright

Nicholas Wells November 1, 2012

Publishing Advances and Writing Commitments

Earlier this month, The Penguin Group, second largest trade book publisher in the world, sued five authors who accepted advances but never produced the promised books.  The authors included: Elizabeth Wurtzel, author of Prozac Nation, who signed a $100,000 deal for another book in 2003; Blogger Ana Marie Cox, who signed book deal in 2006; Rebecca […]

Filed Under: Entertainment Law, Publishing Tagged With: authors, contracts, entertainment law, publishing, The Penguin group

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About Me


Traveler, writer, trademark lawyer. Amateur linguist. Christian. Father of four. Read More

Recent posts

  • Proposed USPTO Rule: All Foreign Trademark Owner Must Use a US Lawyer
  • Chinese Trademark Protection: More Important than Ever
  • Canadian Trademarks to Include Classifications
  • Canadian Trademark Laws Undergoing Massive Changes
  • Oops.  India trashes 166,000 trademark applications

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