We represent plaintiffs and defendants in misappropriation litigation in federal and state courts. We handle all types of misappropriation, including common law, trade secret, and rights of publicity.

Misappropriation is generally the taking or using of something belonging to someone else, and can include trade secrets, ideas, or names and likeness. Misappropriation results in some sort of harm, whether financial or otherwise.

Common Law Misappropriation

Texas law recognizes a variety of unfair competition sometimes referred to as “common law misappropriation.” Common law misappropriation typically involves the creation by the plaintiff of a product through extensive time, labor, skill, and money, and the use of that product by the defendant in competition with the plaintiff giving the defendant a special competitive advantage.

Trade Secret Misappropriation/Idea Misappropriation

Misappropriation of trade secrets is a form of unfair competition that occurs when someone else improperly discloses or uses confidential information. Because of the confidential nature of the information, it can be important to act quickly to protect trade secrets and other proprietary rights. Such steps can include injunctive relief, which is available when a company suffers irreparable harm.

Misappropriation of Name and Likeness/Rights of Publicity

Misappropriation of name and likeness is sometimes referred to as the “right of publicity.” Based on rights of privacy, this type of misappropriation protects an individual against use of his/her name or likeness by a third party. Claims for misappropriation can often involve a person’s reputation.

As an IP and business litigation law firm, our IP litigation attorneys can assist with advising on misappropriation legal issues. See our IP and Business Litigation service line page for additional information about misappropriation legal services.

Local Counsel for Misappropriation Litigation Matters

We also act as local counsel to out-of-state plaintiffs and defendants involved in misappropriation litigation in federal and state courts in Texas. See our local counsel litigation page for more details.