Intellectual Property Litigation in Texas
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Intellectual property rights are essential for your business’s ability to maintain an advantage over competitors. Without these rights, competitors can steal your ideas and use them to gain an economic advantage over your business. Fortunately, federal and state laws allow you to assert your intellectual property rights when other parties steal your ideas. Intellectual property litigation covers disputes involving patents, trademarks, trade secrets, copyrights and other intellectual property issues.
Businesses have a couple of legal options for handling instances of intellectual property theft. The first option is to negotiate with the infringing party to reach a settlement. You can start the negotiation process by sending a cease and desist letter. However, settlement negotiations do not always work, and it may be necessary to consider the second option, litigation.
When it comes to intellectual property litigation, our firm has the manpower and trial experience to vigorously pursue your rights through to a jury verdict. We use the same tenacity to defend against claims that you violated the IP rights of others. Carstens & Cahoon’s litigation team focuses on understanding your business and its individual needs. We recognize that not every client is the same, and we tailor our strategy in each case to fit our client’s needs. We use our years of proven litigation success to obtain the best possible outcome for each case.
Trademark Litigation in Texas
Trademarks protect tangible goods and products. Businesses use trademarks to distinguish their goods from goods sold by another party, such as a competitor. You can receive a trademark for a word, name, symbol or device that identifies your products or services.
There are two ways to obtain a trademark in Texas. First, you can obtain ownership of a trademark by using it. If you are the first to use a distinctive trademark in connection with your goods or services, then common law trademarks arise in the trademark as soon as you begin using it. The second and better approach is to seek registration of the trademark with either the Texas Secretary of State’s office or the USPTO. Before a registration issues, however, you must begin using the trademark. Once you have secured rights in the mark, you can seek damages and/or an injunction for trademark infringement against anyone who uses the same or similar mark in a manner that is likely to cause confusion among consumers.
Trademark litigation may be necessary in cases where you are unable to reach a settlement with the other party and need to file a lawsuit. At trial, you need to show that you have a legally protected trademark and that it is likely the defendant’s trademark will cause confusion among consumers or clients. There are additional factors that could matter, such as whether the defendant reproduced, copied, or counterfeited your legally protected trademark. Such factors can give rise to additional damages or even criminal charges.
You can file a trademark lawsuit in federal or state court, although most cases tend to be filed in federal court, and thus federal courts are generally more familiar with trademark law. We encourage you to reach out to our Dallas trademark litigation lawyers if you have questions about filing a trademark infringement lawsuit.
Patent Litigation in Texas
Patents are essential for protecting the rights to an invention or design. With patents, a person or business owns exclusive rights to an invention or design for a period of time. As such, patents provide a considerable return on investment for businesses and individuals. Patent infringement occurs when another party makes, uses or offers to sell the patented product or process without the permission of the patent owner.
Due to the highly technical nature of how patents work, patent litigation is complex and demanding, requiring counsel with the appropriate legal and technical expertise. Understanding the risks associated with the litigation of a patent requires an ability to carefully dissect the history of the patent and the scope of its claims, something that our attorneys do virtually every day. Carstens & Cahoon’s arguments concerning validity and infringement have been instrumental in achieving favorable settlements for clients.
Patent violations may also occur overseas. International disputes can be brought in a variety of forums. For instance, the International Trade Commission (ITC) provides for an exclusion order against the importation of infringing goods into the United States. The ITC is known for being very efficient and fast-paced. As with any litigation, preparation is key and will often make the difference between a good outcome and a bad outcome.
Our attorneys understand how to prepare for battle. The firm has litigated hundreds of cases for clients of every size in industries ranging from oil and gas to electronics to medical devices. We have filed and defended cases in federal courts across the country.
Our Dallas intellectual property law firm also handles copyright litigation. Copyrights protect “original works of authorship”, such as photographs, written works, and music. When copyright infringement occurs, other parties may take these works and pawn them off as their own, sometimes for economic profit. Owners of copyrighted works can pursue several legal options against parties guilty of infringement. For example, if a DMCA take-down notice or other method does not work, litigation may be filed.
Trade Secret Litigation
We also handle trade secret litigation cases. Trade secrets allow businesses to maintain an edge over their competitors, and are extremely important for remaining profitable. Client lists, product designs, marketing techniques and research are examples of potential trade secrets companies utilize to stay competitive.
When another party takes trade secrets and uses them for its own economic gain, it is important to consider your legal options. You may be able to recover damages caused by trade secret theft. Our trade secret litigation attorneys can help you determine whether you should file a trade secret lawsuit, and can also advise whether the suit should be filed in federal or state court.
About Our Dallas Intellectual Property Litigation Attorneys
Carstens & Cahoon, LLP is a Dallas intellectual property law firm with extensive experience handling patent, trademark, trade secret, and copyright litigation cases. Our Dallas intellectual property litigation attorneys can help businesses or individuals fight back against instances of infringement.