Intellectual property (IP) is generally intangible property resulting from some degree of creation. The various forms of IP are distinct and offer different protections under patent, copyright, trademark, trade dress, trade secret, and other related laws.
Read MoreBecause trade secrets are no registered, the steps to create and protect a trade secret are those required to keep it a secret or at least confidential. These steps can include confidentiality clauses in employment agreements and independent contractor agreements, non-disclosure agreements, password protections, limiting the information on a “need to know” basis, and other safeguards that ensure a trade secret remains confidential.
Read MoreThe cost of trade secrets comes from two stages: (i) the development of the trade secret and (ii) the costs to keep the trade secret a secret. There is no filing requirement unlike patents, copyrights, and trdemarks.
Read MoreA trade secret protects those business secrets not generally ascertainable to the public, by which a company can obtain an economic advantage over its competitors or customers. Specifically, trade secret protection affords protection from unfair competition through the misappropriation of the trade secret by an employee or third-party. For more information about trade secret protection see our post, What Does A Trade Secret Protect?
Read MoreThe following defenses may be asserted in response to a trademark infringement claim:
Fraud
Genericness
Acquiescence
Limitations
Laches
Estoppel
Fair use
Waiver
Abandonment
Junior user
Invalid registration
Innocent user
License
Unclean hands
Trademark misuse
First Amendment protection
Prior judgment/release
Read MoreFor more information, see our blog post, What are Trademark Infringement Damages?
Read MoreA trademark protects the goodwill a company or brand has built surrounding themselves as a source of goods or services by establishing intellectual property rights in any word, phrase, and/or design that serves to identify the source of the product or service in the eyes of consumers. Holding the rights in a trademark prevents others from using the mark in relation to those applicable goods or services. This allows the company or brand to avoid any lost sales, unfair competition, and dilution or smearing of its good name. For more information, see our post, What does a trademark protect?
Read MoreUnder 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.
Read MoreThe following may be asserted as a defense to a patent infringement claim:
Patent Exhaustion
License
Patent Misuse
Estoppel
Acquiescence
Waiver
Unclean Hands
Fraud
Inequitable Conduct
Prior Art Invalidity
Invalidity due to Failure to Meet Statutory Requirements
Non-Infringement
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