Intellectual property laws in Texas and throughout the United States exist to protect individuals and businesses against the theft or unauthorized use of their creative works. Common examples of intellectual property include inventions, books or other literary works, paintings, drawings, sculptures, films, songs or compositions, company logos or symbols, and just about any process or design used for an economic benefit. The Dallas intellectual property lawyers at Tauler Smith LLP can help you with all aspects of litigation, including IP litigation to protect and enforce your intellectual property rights. The truth is that intellectual property assets can be extremely valuable to any business, which is why you need to be proactive when it comes to obtaining and then protecting copyrights, trademarks, patents, and trade secrets.
Contact the Tauler Smith LLP litigation team today to learn how you can protect your intellectual property assets.
Texas Law Protects Your Intellectual Property Rights
It is obviously against the law for someone to steal your physical property. Along those same lines, it is also against the law for someone to steal your intellectual property. When you create something with your mind, both Texas state laws and federal laws offer robust legal protections. After all, you are the one who invested your time, money, and energy into creating the work, so you should be the one who profits from it. This is also good public policy because the world is a better place when people are encouraged and financially incentivized to innovate and create.
The types of intellectual property that are protected under Texas law include:
- Copyrights for artistic creations.
- Trademarks for logos and symbols.
- Patents for inventions.
- Trade secrets for exclusive company information.
- Rights of publicity for a name or likeness.
Winning Your Intellectual Property Claim in Dallas, Texas
The Tauler Smith law firm is uniquely suited to meet your intellectual property needs, where that involves submitting a trademark application with the U.S. Patent and Trademark Office (USPTO) or applying for a copyright with the U.S. Copyright Office, drafting employee agreements to protect your business against trade secret theft, enforcing your copyright or trademark with cease & desist letters or through intellectual property litigation in a Dallas courtroom, negotiating an IP licensing deal, or resolving your intellectual property dispute through an alternative to litigation such as arbitration or mediation.
The likelihood of winning your Dallas intellectual property dispute will improve dramatically with the assistance of a qualified IP lawyer who has experience handling these cases in Texas courtrooms. The legal team at Tauler Smith LLP includes trial lawyers who litigate intellectual property cases at both the state and federal level, including copyright lawsuits, trademark disputes, and trade secret matters. We are also prepared to represent you in arbitration and mediation to resolve your intellectual property dispute.
Dallas Copyright Claims
There are many different types of creative works that may be eligible for copyright protection, including novels, movies, plays, scripts, songs, clothing, jewelry, and computer software. Generally speaking, an artistic creation or other kind of original work can be registered with the U.S. Copyright Office and receive formal copyright protection. If someone copies your work without permission and benefits financially from doing so, the copyright holder can bring a copyright infringement claim and pursue monetary damages.
A skilled Dallas copyright lawyer can help you enforce your copyright, which could include researching the copyright before applying to the U.S. Copyright Office to ensure that it has not already been registered. An experienced attorney can also help you enforce the copyright by sending a cease & desist letter and, if necessary, filing a civil suit. In some cases, it may be beneficial for all parties to reach a licensing agreement and transfer interest in the copyrighted work in exchange for financial compensation.
Dallas Trademark Claims
Trademarks are extremely valuable IP assets for both small businesses and larger companies. The Dallas intellectual property attorneys at Tauler Smith LLP can help you evaluate assets for possible trademark protection. If you do decide to apply for trademark registration with the USPTO, it may involve researching existing trademarks before starting the application process.
Protecting your trademark against infringement by competitors often requires diligent enforcement, especially since the clock is always ticking and you only have a certain amount of time in which to bring a trademark claim. Another important aspect of trademark protection is negotiating with the infringing party so that you are made whole financially, which could mean arriving at an agreement to transfer and license your trademark rights. If necessary, of course, it may be necessary to pursue trademark litigation by filing a lawsuit to enforce your IP rights.
Dallas Trade Secret Claims
Trade secrets are a unique kind of intellectual property because you do not need to formally register a trade secret to get legal protection against infringement. In fact, trade secrets differ from other types of IP like copyrights, trademarks, and patents precisely because they do not need to be registered. If a former employee steals your trade secret and discloses it to a competitor, you may be able to take aggressive legal action against both the ex-employee and the competing company that used your trade secret without permission. An experienced Dallas trade secret lawyer can help you draft confidentiality agreements and non-disclosure agreements that explicitly prohibit workers from sharing certain information with others if they ever leave your company or are terminated. Additionally, a Dallas IP attorney can help you negotiate licensing deals for trade secrets, if desired.
Right of Publicity Claims in Dallas, TX
Texas law protects something known as the right of publicity, which is a person’s name, voice, likeness, and other marketable traits. Although these traits traditionally had value only for celebrities, things have changed in the social media era so that just about anyone now has the ability to create a personal brand with substantial monetary value.
Dallas right of publicity lawyers need to be well versed in relevant statutes, including the Buddy Holly Bill. This is a Texas law that protects the right of publicity when a person dies, which means no one can use the deceased person’s name or likeness without authorization. Additionally, there is also a common law right of publicity that protects the name or likeness rights of living persons. This means that no one else may use your right of publicity for commercial purposes without consent. An experienced Dallas IP lawyer can make sure that your right of publicity is protected at all times and in all circumstances, whether that involves negotiating a licensing agreement outside of court or filing a right of publicity lawsuit in state or federal court.
About Dallas, Texas
Dallas is a large city with a total area of roughly 386 square miles. The city is part of the Dallas-Fort Worth metroplex, which is a major economic hub in Texas and accounts for one quarter of the state’s population. Dallas has a population of just over 1.3 million people, making it the third-largest municipality in Texas and ranking just behind Houston and San Antonio.
Dallas has several alternative transportation options, including a light rail, trolley system, buses, and biking. Around 10% of all Dallas homes do not have a car. The city is also served by two commercial airports: Dallas/Fort Worth International Airport and Dallas Love Field. DFW International Airport is the second largest airport in the U.S. and the ninth largest in the world. The State Fair of Texas is held annually at the Fair Park complex in Dallas. More than two million people attend the fair, which is highlighted by an opening day parade through downtown Dallas and the Starlight Parade and light show each night.
Free Consultation with Experienced Dallas Intellectual Property Attorneys
Our Dallas intellectual property attorneys understand the technical aspects of this area of the law because we have years of experience representing plaintiffs in claims involving copyrights, trademarks, trade secrets, and rights of publicity. We can help you safeguard your intellectual property against misappropriation. We can also help you stop IP theft and get you compensated for IP theft that has already happened. Call 972-920-6040 or email us to schedule a free consultation about your case.