Thomas James
Tom James, Cokato Minnesota lawyer - copyright, trademark and appeals
Thomas B James (Thomas James attorney at law) is a private practice attorney with over 25 years experience at the Law Office of Tom James in Cokato, Minnesota. He focuses on copyright and trademark law. Thomas James is licensed to practice in Minnesota state and federal courts, the 8th and Federal Circuit Courts of Appeal; and the United States Supreme Court. He is authorized to represent client nationwide in U.S. trademark and copyright registration applications, and in Trademark Trials and Appeals Board (TTAB) and Copyright Claims Boards proceedings.
In addition to practicing law, attorney Tom James is the author of "E-Commerce Law: The Handbook for Online Business," "Website Law" and "The History of Custody Law." e has also published numerous articles in law reviews and other business and legal publications.
Attorney Thomas James has two blogs - the nationally syndicated "The Cokato Copyright Attorney: The Law Blog of Thomas James," www.thomasbjames.com, and a personal blog at https://medium.com/@ThomasBJamesMinnesotaAttorney. The Cokato Copyright Attorney blog focuses on news and developments in the field of copyright and trademark law. The blog on Medium.com is where he posts matter that is not related to copyright or trademark law.
Attorney Tom James is the founder of Echion CLE. When he is not practicing law or writing, he teaches continuing legal education courses on trademarks and trademark law, copyright law, elimination of bias, and other topics to attorneys (for CLE credit) and to non-attorneys.
Additional certifications: Teaching English to Speakers of Other Languages (TESOL) - International TEFL and TESOL Training (2022); Teaching Business English (TBE) - International TEFL and TESOL Training (2022); Teaching English to Young Learners (TEYL) - International TEFL and TESOL Training (2022).
- Southwestern Law School
- J.D. | Law
- Honors: Honor student; Top student award in Constitutional Law
- Activities: Judicial internship
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- University of California - Berkeley
- B.A. | Philosophy
- Honors: Magna cum laude
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- International TEFL and TESOL Training
- Certification in Teaching English to Speakers of Other Languages (2022) | English Language
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- CLE Instructor
- Echion
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- Attorney
- Law Office of Thomas James
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- Amazon Author Page
- Amazon.com
- A Recent Exit from Paradise
- The Cokato Copyright Attorney: The Law Blog of Thomas James
- A Copyright Win in the Internet Archive Lawsuit
- Cokato Copyright Attorney: The Law Blog of Thomas James
- Sham Books: The Latest Generative-AI Scam
- The Cokato Copyright Attorney: The Law Blog of Thomas James
- Generative AI: The Top 12 Lawsuits
- Cokato Copyright Attorney: The Law Blog of Thomas James
- Protecting Trademarks and Names, Twin Cities Startup Week, Minneapolis, Minnesota
- BETA
- A presentation to new businesses and entrepreneurs just starting a business about trademark law. The presentation covered basic trademark law, how to select a strong trademark, how to protect and enforce it, and how to keep it. The program was developed and presented by Cokato attorney Tom James, who is not affiliated in any way with the Tom James clothing company.
- IP Law for Non-IP Attorneys, Online
- Echion CLE
- Presentation of copyright law basics for attorneys who do not regularly practice in the areas of intellectual property. Offered through EchionCLE. Co-presenter: Matt Kulseth. Course approved for 1.0 standard continuing legal education by the Minnesota Board of Continuing Legal Education.
- Representing Relatives in Post-Permanency Proceedings, Minnesota CLE Webinar, Online webinar
- Minnesota Continuing Legal Education
- Cokato attorney Tom James originally developed and hosted this course for Echion CLE. It has been shortened for bar association presentation. Rhia Bornmann Spears and Thomas James co-present on the topic of representing relatives in foster care and adoption proceedings at the post-permanency stage of a child welfare proceeding in Minnesota. Webinar. 1.5 CLE credits in Minnesota.
- The New Copyright Small Claims Court (non-credit course), https://echioncle.com/copyright-small-claims
- Echion CLE
- On-Demand course offered by Minnesota attorney Tom James to help members of the public navigate the new Copyright Claims Board for small copyright infringement claims
- The New Copyright Small Claims Court CLE, Online Continuing Legal Education Program, https://echioncle.com/copyright-small-claims
- Echion CLE
- Introduction to the new Copyright Claims Board. Continuing legal education program describing the role of this new administrative tribunal; claim and response procedure; service of process; discovery; hearings; settlements; determinations; appeals/review; and potential constitutional challenges. Online webinar offered on June 22 and July 13, 2022. Taught by Cokato Minnesota attorney Thomas James.
- Certification in Teaching English to Speakers of Other Languages
- International TEFL and TESOL Training
- Mediator
- Dispute Resolution Institute
- Legal Scholarship Award
- American Jurisprudence
- Certificate of Commendation for Contribution to the Administration of Justice
- Minnesota Governor
- Judges Award for Outstanding Service
- Hennepin County District Court
- Top Student Award for Constitutional Law
- Southwestern University School of Law
- Minnesota State Bar
- Member
- Current
- Activities: Member, Tech Law, Family Law, and Solo and Small Practice sections
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- American Bar Association
- Member
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- Activities: Member of 3 committees: (1) Copyright and Emerging Technology Committee (2) Copyright Office Affairs Committee (3) Advertising and Marketing Law Committee Member: Intellectual Property section, ABA-IPL Copyright and Related Rights Division, Senior Lawyers Division, Law Practice Division, Solo and Small Firm Division
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- LegalCORPS
- Volunteer attorney
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- SCORE
- Volunteer instructor
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- Copyright Alliance
- Member
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- Hennepin County Bar Association
- Member
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- Nonfiction Authors Association
- Member
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- Minnesota Intellectual Property Law Association
- Member
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- Activities: Member, International Law Section; Trademark, Copyright and Media Section
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- Authors Alliance
- Member
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- Internet Law Network
- Member
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- National Association for the Self-Employed
- Member
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- National Parents Organization
- Advisory Board Member
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- Minnesota
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- 8th Circuit
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- Federal Circuit
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- U.S. Supreme Court
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- Credit Cards Accepted
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Rates, Retainers and Additional Information
Offers flat fee options for registrations of copyrights and trademarks
- Trademarks
- Trademark Registration
- Copyright
- English: Spoken, Written
- Q. Can I publish public domain lyrics as a childrens book and make money?
- A: If the lyrics are truly public domain, and if the children's book does not infringe a copyright in a work that somebody else has created that is also based on the lyrics. The answer to this question is fact-specific, so you should consult with an attorney for a definitive answer.
- Q. if I were to post videos online of a group playing a tabletop game based on copyright material could I be sued?
- A: This response is based on U.S. copyright law. Laws in other jurisdictions may be different.
While game rules are not protected by copyright, the manner in which they are expressed might be. Images (artwork, drawings, photographs, etc.) generally are protected by copyright. Names of games and/or the characters in them may be protected as trademarks. A trademark license/permission could protect you against trademark infringement liability. You also might be able to protect yourself from trademark liability by publishing a conspicuous trademark disclaimer in the videos. The copyright issue is a bit more complicated. There are cases holding that incidental use of a copyrighted image in a video ... Read More
- Q. so someone has a clothing brand with a name that doesn't seem to be copyrighted.
- A: A name isn't protected by copyright, but it might be protected as a trademark. In the U.S., an unregistered trademark is enforceable as a "common law" trademark. You run a high risk of trademark infringement liability if you use another company's brand for the same kinds of products or services.