Dallas Intellectual Property Lawyers

Copyright Infringement

A copyright protects various forms of creative expression, including:

• Books and other writings
• Movies
• Music
• Paintings
• Software programs

Copyright infringement typically takes the form of unauthorized copying, reproduction, or general use of copyrighted materials without the copyright holder's permission. A work is considered copyrighted once it takes a manifest, physical form and becomes "fixed." However, copyright does not protect the unique process, ideas, and methodology that contributed to that creative work, only the final product itself.

Patent Infringement

Patents protect specific inventions, designs, and forms of practical, functional machinery. According to Article 1, Section 8 of the United States Constitution, patents "promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

Patent owners maintain exclusive rights to decide who may use, reproduce, import, or sell their inventions. Patent infringement may take the form of selling a patented item without the patent owner's permission or without the appropriate license to do so.

Trademark Infringement

In Texas, trademarking and copyrighting are different, though the terms are often mistakenly used interchangeably. Trademark protections guard business owners and product creators from being harmed through the use of their name, slogan, logo, or other unique identifier by another person or entity.

Trademark infringement typically occurs when one party uses the identifying marks, logos, etc. of another party in order to capitalize on the name recognition, logo familiarity, popularity, etc. of the other.

Protecting Intellectual Property in the Digital Age

Over the past few decades, rapid advances in technology have reduced the amount of time necessary to take a product to market. While e-commerce has expanded opportunities for creators to design, develop, and sell products like never before, it has also made it harder for brands to protect themselves from counterfeiters and copycats.

Three Primary Threats to Your Intellectual Property

1. Black Market Goods

Direct counterfeits, replicas, and other abuses of a brand's IP. These "fake" products can span a wide variety of items in various price ranges, directly competing with legitimate products.

2. Grey Market Goods

Sometimes referred to as "parallel imports," grey market goods are legitimate items which enter a country from a source other than a designated importer. These products create confusion among consumers and cause regulatory issues for brands.

3. White Market Goods

Sold through legitimate retailers but often fluctuate in price. This can water down a brand's prestige, as consumers may abandon a business's established IP for cheaper products.

Best Practices for Digital Age IP Protection

• Register comprehensively: Register names, logos, and trademarks, including domain variations that can easily be copied online and in multiple countries
• Think globally: In today's digital age where counterfeits travel at the speed of light, trademark registration should ideally include regions with higher rates of counterfeit issues
• Use technology: More brands are attempting to simplify the IP protection process by using technology such as Artificial Intelligence to identify possible theft
• Protect partnerships: Share nondisclosure agreements with any other businesses before beginning a partnership, as joint ventures where NDAs are not discussed can put a brand at risk

Your Rights as a Copyright Owner

If you own a copyright, you are afforded exclusive rights regarding what happens to the copyrighted material:

• Reproduction and Distribution: Copyright ownership legally allows you to reproduce and distribute the work to others
• Derivative Works: You can create adaptations and derivative works, using the protected material as a basis
• Performance and Display: Owning a copyright allows you to perform or display the work in question
• Licensing and Sales: Any of these rights and privileges may be licensed or sold to other parties at your discretion

Special Circumstances

There are some circumstances under which someone else may have the copyright to your work. If the work in question was done for an employer as part of your job, your employer most likely owns the copyright. This is also typically true when work is performed on a contractual or freelance basis. In cases involving multiple creators, a copyright can be shared jointly by the producers.