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Intellectual property

Most small businesses own more than they have protected, and protect less than they assume.

Business & Civil Litigation

Four kinds of protection, and they are not interchangeable.

Trademarks

Names, logos and slogans that identify the source of goods or services. Rights arise from use and are strengthened enormously by registration.

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Copyright

Original creative work fixed in a tangible form — text, photographs, designs, software, video. Protection is automatic; enforcement effectively requires registration.

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Trade secrets

Customer lists, formulas, pricing and methods that have value because they are not known — protected under Texas and federal law if you actually keep them secret.

Patents

Inventions and processes, handled through registered patent counsel. We work alongside patent attorneys on the enforcement and contract side.

The mistakes we see most

  • Building a brand for years without a trademark search, then receiving a cease and desist from someone with an earlier registration.
  • Assuming the business owns the logo, website or code it paid a contractor to create. Without a written assignment, it usually does not.
  • Treating information as a trade secret while emailing it freely and never asking anyone to sign a confidentiality agreement.
  • Registering a copyright only after the infringement, which forfeits the statutory damages and fee recovery available to those who registered earlier.
  • Using a photograph found online on a company website, and receiving a demand letter from an image licensing company.

What we file, and what we keep alive

USPTO trademark applications and the responses to office actions that follow them. Copyright registrations for the work a business actually produces — artwork and illustrations, books, scripts and written content, music and sound recordings, photography, video and social media content. And the renewal and maintenance filings that keep a registration in force, which are the ones businesses forget until a registration has already lapsed.

What registration adds

  • An official public record of ownership, with a date that settles most disputes on its own.
  • Stronger legal rights in court, including remedies that are unavailable without it.
  • Real protection against digital content theft, where speed matters and proof of ownership is what makes a takedown work.

The problems that arrive online

  • Theft or copying of website and marketing content.
  • Plagiarism and automated scraping of your material onto competing sites.
  • Fake social media profiles and accounts misrepresenting your business.
  • Marketplace listings using your images, your descriptions or your brand.

Enforcement, in proportion

Not every infringement warrants a lawsuit. Often the effective sequence is a demand letter, a platform takedown, a domain complaint, or a coexistence or licensing agreement that turns a conflict into a relationship. Where a competitor is genuinely trading on your name or has taken your material outright, litigation and injunctive relief are available and we pursue them.

Departing employees and trade secrets

The most common Texas IP dispute is not a copycat competitor — it is an employee leaving with the customer list. Texas and federal trade secret statutes provide real remedies including injunctions, but they favour businesses that took reasonable steps to protect the information: confidentiality agreements, access controls, exit procedures, and enforceable restrictive covenants written to Texas standards.

Common questions

What kind of protection does my business actually need?

Usually a trademark for the name, copyright for the material you produce, and trade secret protection for what gives you an edge.

Do I own what my contractor created for us?

Only with a written assignment. Paying an invoice does not transfer copyright from an independent contractor.

What is a trade secret?

Information with value because it is not known — customer lists, pricing, methods — protected if you actually take steps to keep it secret.

An employee left with our customer list.

That is the most common IP dispute we see, and the remedies are real. They favour businesses that used confidentiality agreements and access controls.

Someone is using a name similar to ours.

Whether it is infringement depends on registration, geography, the goods or services and the likelihood of confusion. A search and a demand letter are the usual first steps.

We used a photograph we found online and received a demand letter.

Do not ignore it and do not simply delete the image. There are real defences, and the amount demanded is frequently negotiable.

Is registering my business name enough protection?

No. Entity registration only means no other Texas entity has that exact name on file. It confers no trademark rights.

Do you handle patents?

Patents are prosecuted by registered patent counsel. We work alongside them on the contract and enforcement side.

Does every infringement need a lawsuit?

No. Demand letters, platform takedowns, domain complaints and licensing agreements resolve most matters at a fraction of the cost.

What if we ignore someone using our brand?

Rights can be weakened by failing to enforce them, which is why a monitoring habit matters more than an occasional burst of activity.

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