Intellectual property is among a company’s most important asset, and protecting key information or inventions that have value to others who don’t use them is critical to a business’ success. As a renowned Houston business law firm adept in counseling and representing a range of businesses, our legal team at Hendershot Cowart P.C. helps clients navigate the pathways for effectively protecting their ideas, investments and proprietary intellectual property through legal protections such a copyrights and trademarks. We also help businesses defend and enforce their property rights and interests when protections are violated.
Protecting Intellectual Property
Whether you are an entrepreneur, start-up, or an established business, proactive protection of intellectual property is vital to laying the groundwork for future success. Because every business is different and objectives unique, protecting the ideas or inventions which make your company unique, and which provide an economic benefit, will depend on the type of intellectual property you have.
- Copyright – Copyrights provide protection for original works of authorship, including literary and artistic works. Although copyright protection begins when the work is fixed in a tangible medium of expression, filing for copyright protection makes it easier to enforce and defend a copyright in court.
- Trademark – Having unique and identifiable names for products or services can help prevent deception and consumer confusion. Our attorneys assist clients with trademark searches and applications in order to protect and define their company brand.
Defending Intellectual Property
Options to defend your intellectual property when it is infringed.
- Copyright Infringement – Copyright infringement occurs when protected works are used without the copyright holder’s permission, commonly as reproductions, distributions, displays, performances, or derivative works. While the doctrine of fair use protects the limited use of copyrighted material for things such as news reporting, research, criticism, parody, or commentary,
- Trademark Infringement – Infringement of a trademark may happen when an infringer uses an identical trademark in violation to the exclusive rights of the owner, or when a confusingly similar trademark is used in relation to identical or similar products. Trademark infringement cases are hinged on court assessments of the similarity of trademarks and products / services to determine the likelihood of confusion among consumers.
- Patent Infringement – Using or selling a patented invention without the patent holder’s permission, typically granted in the form of a license, and under the scope of the granted patent is patent infringement.
Our goals when defending intellectual property, or taking action following the misappropriation of trade secrets, is to stop unlawful use of protected materials by competitors and other entities and obtain monetary damages for actual losses or unjust enrichment. Accomplishing this requires tailored solutions to our clients’ unique problems, as well as zealous negotiation and litigation when necessary.
If you have questions regarding copyrights, trademarks, or patents, or wish to discuss a potential intellectual property infringement case, our award-winning Houston business litigation lawyers are available to help. Call (713) 909-7323 today to request an initial consultation.