Thomas James

Thomas James

Tom James, Cokato Minnesota lawyer - copyright, trademark and appeals
  • Intellectual Property, Trademarks, Appeals & Appellate ...
  • Minnesota
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Biography

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 business law, nonprofits, trademark registration and enforcement, copyright registration and enforcement, intellectual property licensing, and appeals. 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).

Practice Areas
    Intellectual Property
    Trademarks
    Trademark Registration
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Business Law
    Business Contracts, Business Dissolution, Business Formation
Additional Practice Areas
  • Nonprofit organization -formation and tax-exemption application
  • Copyright
Video Conferencing
  • Zoom
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Offers flat fee options for registrations of copyrights and trademarks
Jurisdictions Admitted to Practice
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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Languages
  • English: Spoken, Written
Professional Experience
CLE Instructor
Echion
- Current
Attorney
Law Office of Thomas James
- Current
Education
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
University of California - Berkeley Logo
International TEFL and TESOL Training
Certification in Teaching English to Speakers of Other Languages (2022) | English Language
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Awards
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
Professional Associations
Minnesota State Bar
Member
Current
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American Bar Association
Member
Current
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LegalCORPS
Volunteer attorney
Current
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SCORE
Volunteer instructor
Current
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Copyright Society
Member
Current
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Nonfiction Authors Association
Member
Current
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National Parents Organization
Advisory Board Member
- Current
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Publications
Articles & Publications
Court Agrees to Hear Parody Goods Case
Cokato Copyright Attorney: The Law Blog of Thomas James
MSCHF Testing the Limits of Free Speech
The Cokato Copyright Attorney: The Law Blog of Thomas James
Job-Search Scam Red Flags
Medium.com
The Philosophy of Copyright
Cokato Copyright Attorney: The Law Blog of Attorney Thomas James
Photographers' Rights: Warhol Case Tests Limits of Transformative Use
Cokato Copyright Attorney: The Law Blog of Attorney Thomas James
Attorney Thomas James to co-present MSBA CLE Program
Attorney News and Updates
The Internet Archive Lawsuit
Cokato Copyright Attorney: The Law Blog of Attorney Thomas James
Dobbs: What Happened and What It Means
Medium.com
'The' a Registered Trademark Now
Cokato Copyright Attorney
Copyright Small Claims Court Opens
Cokato Copyright Attorney
What to Know About the New Copyright Claims Board
The Cokato Copyright Attorney
AI Can Create, But Is It Art?
Cokato Copyright Attorney
Copyright Claims Board Begins Soon
The Cokato Copyright Attorney
13 Sizzling Hot Logical Fallacies
Medium.com
Copyright Claims Board Update
Cokato Copyright Attorney: The Law Blog of Attorney Thomas James
ACLU Announces New Discounted Speech Policy
Medium.com
50 Second-World Problems
Medium.com
Trauma-Informed Law Practices
Medium.com
Can I sue someone for reproducing and selling my art?
Avvo Q&A
Free Speech
Medium.com
For Whom the Za Tolls Update
The Cokato Copyright Attorney
Top o' the Blarney to Ya
Medium.com
Newly Public Domain Works
The Cokato Copyright Attorney
Unicolors v. H&M Hennes & Mauritz
The Cokato Copyright Attorney
DIgital Tokens and Trademarks
The Cokato Copyright Attorney
NFTs and Copyright
The Cokato Copyright Attorney: The Law Blog of Attorney Thomas James
No Trademark Registration .sucks
The Cokato Copyright Attorney
Compulsory E-Book Licensing
The Cokato Copyright Attorney
Dune It Wrong
The Cokato Copyright Attorney
The Trademark Modernization Act
iLawConnect
10 Key Points to Cover in an Employment Contract
Avvo
Are COVID-19 Executive Orders Illegal?
MSBA Communities
Attorney Thomas James's Astonishing List of Top Copyright Cases of 2021
List.ly
Top Copyright Cases of 2021
Cokato Copyright Attorney
The Top U.S. Supreme Court Decisions of All Time
List.ly
Stress and Secondary Trauma in Family Law Practice
MSBA Communities
Diversifying Copyrights
Cokato Copyright Attorney
How to Re-Acquire a Trademark
Justia Q&A
Copyright as Killjoy: Can You Be Sued for Telling a Joke?
Cokato Copyright Attorney
Tangible Fixation
Medium.com
Corbello v. Valli: Copyright Estoppel and Asserted Truths
Cokato Copyright Attorney
The Fixation Requirement
Medium.com
Copyright Enforcement: Time to Abolish the Pre-Litigation Registration Requirement
Pulse
Are Churches Exempt from Copyright Law?
Quora Q&A
10 Essential Legal Steps in Starting a Business
Avvo
Overruling Rostker v. Goldberg: Toward an Equal Obligation to Register for Selective Service
Nebraska Law Review
Assisted Reproduction: Reforming State Statutes After Obergefell v. Hodges and Pavan v. Smith
University of Maryland Law Journal of Race, Religion, Gender & Class
Sales and Use Tax Nexus: The Way Forward for Legislation
Mitchell-Hamline Law Journal of Public Policy & Practice
Protecting Copyrights in Professional and Academic Writing
Pulse
E-Commerce Law: The Legal Compliance Handbook for Online Business
Echion
Copyright Enforcement
Research Gate
Copyright Enforcement: Time to Abolish the Pre-Litigation Registration Requirement
Illinois Law Review
E-Commerce Sales Tax: What Your Online Business Needs to Know
AllBusiness.com
Use Tax Nexus: The Illusory Utility of Volume Thresholds
Tax Notes - State
Copyright Basics for Writers
Creativity @ Work (guest blog post)
Website Law
Echion
The History of Custody Law
Thinking Clearly About Presumptive Joint Physical Custody
Minnesota Legislature
Names are changed but not adopted: Minnesota family law question
LawGuru Q&A
Little-Known Foot Laws
Podiatry Management
Speaking Engagements
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.
Relative Foster Care and Adoption CLE, Webinar, Online
Echion CLE
3-hour CLE course hosted by Tom James lawyer in Minnesota and featuring speakers Kelis Houston (Village Arms), Rhia Spears (attorney) and Misty Coonces (Ampersand Families adoption/foster placement agency). More information at https://echioncle.com/relative-adoption
Trauma-Informed Practices CLE, Webinar, Online
Echion CLE
3-hour CLE course hosted by Tom James attorney and featuring speakers Jennifer Bovitz, JD (Minn. OLPR), Katie Olson, JD, and Russ Turner of People Incorporated. More information at https://echioncle.com/trauma-informed-practice
Trauma-Informed Practices CLE, Webinar, Online
Echion CLE
3-hour CLE on Trauma-Informed Practices. Hosted by Tom James attorney and featuring Jennifer Bovitz, JD, Katie Olson, JD, and Russ Turner of People Incorporated. More information at EchionCLE.com
Stress and Secondary Trauma in Family Law Professionals CLE, Online webinar
Echion CLE
Online continuing legal education course hosted by Cokato, Minnesota attorney Thomas James at the Law Office of Tom James. Joined by attorneys Karl Nastrom and Bob Schuneman, former family law attorney Tom James discusses the kinds of stressors that family law professionals face. The low-cost CLE course is accredited for attorney continuing legal education (CLE) credit and CE credit for mediators and other ADR neutrals in Minnesota. CLE credit may be available in other jurisdictions as well.
Registering Copyrights in Music and Music Albums for Non-IP Attorneys CLE, CLE Webinar, online
Echion Education
Child Sex Abuse Claims: Statutes of Limitations and Revival Laws CLE, CLE Webinar, online
Echion Education
More information at EchionCLE.com/courses
Elimination of Bias: Helping Male Survivors of Childhood Sex Crimes CLE, CLE webinar, online
Echion
The Gender Paradigm in Family Court CLE, CLE webinar, online
Echion
Legal Impediments to Fathering in Minnesota, Minnesota Fathers and Families Network Annual Conference, St. Cloud, Minnesota
Minnesota Fathers and Families Network
Guidelines for Guardians ad Litem Advocating for Children in Domestic Abuse and OFP Cases, Minnesota Supreme Court GAL Program Conference, St. Paul, Minnesota
Minnesota Supreme Court and 10th Judicial District GAL Program
Certifications
Certification in Teaching English to Speakers of Other Languages
International TEFL and TESOL Training
Mediator
Dispute Resolution Institute
Websites & Blogs
Website
Law Office of Tom James
Website
Echion CLE
Website
Minds.com
Website
Attorney Profile
Website
Academia.edu page
Blog
Cokato Copyright Attorney: The Law Blog of Thomas James
Blog
Medium.com - Thomas B. James
Blog
List.ly
Blog
Udemy
Blog
LawLink
Blog
Attorney News & Updates
Blog
Goodreads
Blog
Scoop.it
Blog
Wattpad
Blog
Tumblr - Law Blogs of Tom James
Blog
Apsense
Blog
Authors' Den
Blog
Slideshare
Blog
LiveJournal
Blog
Facebook
Blog
Twitter
Blog
Pinterest
Blog
Instagram
Blog
Alignable
Blog
Ko-Fi
Legal Answers
16 Questions Answered
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 is not infringement. The use you describe, however, does not appear to fall into the "incidental use" category. The safest course of action would be to request license/permission from the copyright owner.
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.
Q. Why is my trademark cancelled?
A: In the United States, cancellation could happen for a variety of reasons. The most common ones are (1) Failure to renew it; (2) Failure to file an statement of use after filing an intent-to-use application; (3) Non-use at the time of the application (where the application was based on an existing use); (4) fraud; (5) abandonment (presumed if not used for more than 3 consecutive years); (6) likelihood of confusion with another trademark; (7) failure to function as a trademark (e.g., genericide, or it is merely descriptive; (8) dilution.
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Contact & Map
Law Office of Thomas James
440 Broadway Ave N
Cokato, MN 55321
Telephone: (320) 237-2711
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM (Today)
Wednesday: 9 AM - 4:30 PM
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed
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