There are two general elements to a patent infringement claim: (1) the plaintiff’s ownership of a valid patent; (2) infringement of the patent by the defendant.
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There are two essential elements to a claim for copyright infringement. First, the plaintiff must prove ownership of valid copyright. Second, the plaintiff must show the defendant’s copying of constituent elements of the copyrighted work that are original.
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The elements of a trade secret misappropriation claim are: (1) a trade secret existed; (2) the trade secret was acquired through a breach of a confidential relationship or discovered by improper means; and (3) use of the trade secret without authorization from the plaintiff.
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Common defenses to a trade secret misappropriation claim include: refuting the trade secret status of the information for various reasons, such as claiming the information was publicly available; (2) claiming the defendant independently developed the secret; and (3) claiming the defendant acquired the information through lawful means, like reverse engineering.
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Some common defenses to a claim of copyright infringement include fair use, independent creation, and public domain.
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Since trademark rights arise out of use (as opposed to registration), trademark protections remain in place so long as the mark is in use in commerce. The United States Patent and Trademark Office (USPTO) requires regular post-registration maintenance to maintain a federal registration.
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Trademarks rights – which arise out of use and are protected by common law as well as federal registration – are enforced through a number of strategies, including cease and desist letters, UDRP proceedings, litigation in federal court and, in some cases, working with U.S. Customs and Border Control.
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A domain name is capable of infringing a trademark, however, the specific use and context of the domain name can affect the analysis.
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Yes, trademarks generally consist of a word, phrase, and/or design, so they absolutely can include a slogan or phrase, provided the slogan or phrase is used as a trademark. Read post for a discussion of trademarking slogans and phrases.
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The risks of tariffs may be reduced, avoided, or transferred to a third party. Read for a discuss of what contract provisions may affect tariff liability.
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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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