Trademark Infringement Attorney

Business Trade Secrets Lawyer

Businesses have the right to safeguard their information. Whether that’s copyrights, trademarks, price lists, or simply how they do business, businesses have a right to protect their information. If you are worried that an employee, former employee, executive or management personnel may have stolen business information or used business information belonging to your business, you may have a legal claim. Likewise, if you believe that another company has infringed on your copyrights, trademarks, or proprietary business information you may have a legal claim for damages. At Herbert & McClelland LLP, our litigation attorneys handle trademark infringement and trademark litigation matters as well as litigation involving business secrets and corporate espionage.  From our offices in Houston Texas, we represent clients throughout the State of Texas and handle select cases throughout the United States when appropriate.

Trade Secrets Litigation Attorney

There are a variety of laws in place to protect businesses and corporations from disparagement of their business information. Trademarks‚ trade secrets‚ and unfair competition laws were enacted to prevent competitors from stealing and/or infringing upon the goodwill of another businesses trademarks‚ copyrights, business secrets‚ and for that matter business. Just because there is no formal trademark on file doesn’t mean that a business doesn’t have a legal claim when a potential infringement may exist. That’s often a matter for the courts to decide. Contrary to popular belief‚ in many cases, you need not own a trademark registration for trademark infringement to exist under common law. Things like first use in commerce and the likelihood of confusion can be key elements in an infringement case.

You may think that when an employee or executive of a company leaves the company that the information they learned can be made public or used to the detriment of the company they left. Depending on the facts, using proprietary information, disclosing company secrets, sharing internal company processes and procedures may be illegal or actionable in a civil court. Business disparagement is a cause of action in Texas and there is other state and federal laws to protect businesses or infringement of trademarks, copyrights, and proprietary information.

Trademark & Copyright Litigation Attorney

If you have discovered that another business is utilizing similar trademarks or copyrighted material, it may be necessary to request a cease and desist of the infringing party. Sending a cease and desist letter is sometimes enough to prevent trademark litigation from ensuing. However, if a resolution cannot be made between the parties, then the filing of a trademark lawsuit may be necessary in order to determine which party is the legal owner of the trademark or copyrighted material. There are many factors to consider when litigating a trademark infringement case. One important element is whether an ordinary consumer is likely to be confused between the trademarks or if the copyrighted material is confusingly similar.

There are no bright line rules in determining if a likelihood of confusion exists. The courts take into account a number of considerations which may include‚ but are not limited to:

  1. The similarity of the trademarks;
  2. The similarity of the goods or services;
  3. The similarity of trade channels;
  4. The number and nature of similar trademarks in use on similar goods; and
  5. The extent of any actual confusion. The most important factors are often the first two.

It is important to note that a trademark owner has a duty to police infringing uses of its trademark. If a trademark owner does not enforce its trademark rights or otherwise fails to maintain quality control over the trademark (i.e. a naked license)‚ trademark rights may be lost.

If you believe your trademark is being infringed upon or you are involved in a trademark litigation matter, you need a law firm with the litigation skills, business savvy, and the knowledge of state and federal trademark laws to advise you. At Herbert & McClelland LLP we offer a free case evaluation and review of your trademark infringement claim.

Call us at 800-741-0718 to see how we can help you with your Trademark Infringement Claim.