Under the Texas Uniform Trade Secrets Act (TUTSA), a plaintiff must prove (1) it had a legal recognizable trade secret and (2) the defendant misappropriated the trade secret.
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Read for a list of the basic agreements that all business should have in place. Agreements relating to vendors, employees, and more.
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Read for a list of defenses that may asserted in a trademark infringement case, including statute of limitations, descriptiveness, fraud on the USPTO, and license.
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Read for a list of defenses to a copyright infringement claim, which includes statute of limitations, license. invalidity, lack of originality.
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Read for a list of defenses to a claim for patent infringement, including invalidity, licensed, unenforceability, and patent exhaustion.
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A trade secret protects confidential business info that gives a company an edge and guards against unfair use by employees or third parties.
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A patent gives inventors the exclusive right to make, use, sell, or import their invention for a limited time, protecting it from unauthorized use.
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What does a copyright protect? A copyright protects original works fixed in a tangible form—like books, songs, or art—not the idea itself. Even parodies and satire can qualify.
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Copyright infringement damages are the monetary rewards available to copyright owners whose protected work is used in an unauthorized manner.
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Patent infringement damages are those monetary rewards available to patent owners and licensees whose patented/licensed invention is used, made, or sold in an unauthorized manner. The two main forms of patent infringement damages are reasonable royalties and lost profits. Treble damages and attorneys’ fees are also available in cases of willful infringement.
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A trademark protects brand goodwill by securing exclusive rights to names, logos, or designs that identify your goods or services and prevent consumer confusion.
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Copyright infringement damages can include actual losses, infringer’s profits, statutory damages, and attorney’s fees—depending on timing and registration.
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Patent infringement damages include lost profits, royalties, and in willful cases, treble damages and attorneys’ fees for unauthorized use of a patented invention.
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Trademark infringement damages are those monetary recoveries available to a trademark owner whose mark is used in an unauthorized manner in association with goods or services.
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Trade secret misappropriation damages are those monetary recoveries available to a trade secret owner whose trade secret is acquired by another through improper means, by mistake or accident, or by a current or ex-employee.
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Trademarks serve as "source identifiers" for products or services, typically in the form of a word, phrase, or design, but sometimes can be a sensory mark such as a color, sound, or scent.
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A trademark is a word, phrase, and/or design that serves to identify the source of a product or service in the eyes of consumers. Read more for additional information about trademarks.
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Since very early in history, symbols have been used to signify the source of a good or service (e.g., branding cows to designate ownership).
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The following is a discussion of contract law damages and other recoveries potentially available under Texas law in breach of contract litigation.
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Intellectual property includes patents, copyrights, trademarks, trade dress, and trade secrets, each offering distinct protections for creators and businesses.
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