Thomas James

Thomas James

Thomas James at the Law Office of Tom James - copyright, trademark and appeals
  • Intellectual Property, Trademarks, Appeals & Appellate ...
  • Minnesota
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Biography

Thomas B James (Thomas James) 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 also admitted to practice in the Trademark Trials and Appeals Board (TTAB);
In addition to practicing law, Tom James is the author of "E-Commerce Law: The Handbook for Online Business," "Website Law" and "The History of Custody Law." Has also published numerous articles in law reviews and other business and legal publications.
Attorney Thomas James has two blogs - The Cokato Copyright Attorney, www.thomasbjames.com, and a personal blog at https://medium.com/@ThomasBJamesMinnesotaAttorney. The Cokato Copyright Attorney 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.
When he is not practicing law or writing, attorney Tom James teaches continuing legal education courses on copyright law, elimination of bias, and other topics to attorneys.

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
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
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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
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
Coercive Control
Personal Blog of Minnesota attorney Thomas James
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
Time for a Real No-Knock Ban
Quiet and Kept to Himself: The Personal 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
MLK Day Thoughts
Quiet and Kept to Himself: The Personal Blog of Attorney Thomas James
The Trademark Modernization Act
iLawConnect
"One of Our Own"
Tom James Law blog
"No I Won't" - Remembering Bertrand Russell
Tom James law blog
Facebook: Our Fact Checks Are Not Factual
Quiet and Kept to Himself: The Personal Law Blog of Tom James
Ask Not What. Ask What More.
Quiet and Kept to Himself
10 Key Points to Cover in an Employment Contract
Avvo
Top Copyright Cases of 2021
Cokato Copyright Attorney
Are Covid-19 Executive Orders Illegal?
Quiet and Kept to Himself: The Personal Blog of Attorney Thomas James
Diversifying Copyrights
Cokato Copyright Attorney
Copyright as Killjoy: Can You Be Sued for Telling a Joke?
Cokato Copyright Attorney
Corbello v. Valli: Copyright Estoppel and Asserted Truths
Cokato Copyright Attorney
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: 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
Website Law
Echion
The History of Custody Law
Speaking Engagements
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
Mediator
Dispute Resolution Institute
Websites & Blogs
Website
Law Office of Tom James
Website
Echion CLE
Website
Attorney Profile
Blog
Cokato Copyright Attorney: The Law Blog of Thomas James
Blog
Thomas B James on Medium
Legal Answers
15 Questions Answered
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.
Q. I'm writing a book on covid, I'm including quotes from various doctors and medical journals, is this fair use?
A: Under U.S. fair use doctrine, a limited portion of a work may be quoted for purposes of criticism, commentary, news reporting, or academic writing. There is no bright-line test for determining the amount that may be quoted. It depends on consideration of several factors. Note that the question of fair use is analyzed for each separately copyrighted work. For example, suppose you quote one sentence from work A, comment on it, and then quote another sentence from work B by a different copyright owner and comment on that one, A court would analyze whether the quoting of work A is fair use separately from whether the quoting of work B is fair use.
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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