Houston Trademark Infringement Attorneys

We Help Clients Pursue or Defend Trademark Litigation and Infringement Claims

Don’t let a competitor leverage your brand’s goodwill by infringing on your trademark. If your brand or a similar name is being used by another business in a way that creates confusion among consumers, you can pursue legal action.

At Hendershot Cowart P.C., our intellectual property attorneys have cultivated a record of success representing clients in both state and federal court over trademark infringement. Backed by more than a century of collective experience, we help established businesses and entrepreneurs on both sides of the table pursue resolutions to infringement claims.

The legal remedies for trademark infringement can include injunctive relief (ordering the infringing activity to stop), monetary damages, attorneys' fees, and more. Trademark laws exist at both the state and federal level, so it's important to consult with an attorney with experience in intellectual property law both in Texas and nationwide.

If you have been accused of trademark infringement or if you believe your own trademark rights are being infringed upon, call (713) 783-3110 or contact us online to speak with our Houston trademark infringement lawyers today.

On This Page:

• Where You Register Your Trademark Impacts Your Enforcement Options
• Trademark Protection in Texas
• Trademark Protection at the Federal Level
• Legal Remedies for Trademark Infringement
• Examples of Trademark Infringement
• Defending Against Trademark Infringement Claims
• Protect and Defend Your Trademark With Texas Trademark Infringement Attorneys
• Frequently Asked Questions

Texas businesses can register a trademark at the state level or the federal level. Texas also offers common law trademark protection under the Texas Business and Commerce Code. Where and whether you register your trademark has implications on the scope of your trademark’s protection and your enforcement options.

According to the Texas Secretary of State, a trademark is something “used in connection with tangible goods or products” and defined by statute as “a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the person’s goods from the goods manufactured or sold by another.”

Under Texas law, you do not have to register your mark to protect your rights, as Texas recognizes certain common law rights in this regard. However, common law trademark protection is generally limited to the local or regional area where the mark is used and has become associated with your goods or services.

Registering your trademark in Texas with the Secretary of State gives you statewide protection and the ability to seek statutory damages and attorneys' fees in case of legal action.

Trademark law in the U.S. is primarily governed by the Lanham Act, also known as the Trademark Act of 1946. The Lanham Act outlines the procedures for trademark registration, the rights and remedies available to trademark owners, and the rules surrounding trademark enforcement.

Federal trademark registration is handled by the United States Patent and Trademark Office (USPTO) and offers trademark protection in all fifty states and U.S. territories subject to U.S. trademark law.

Deciding whether to register your trademark at the state or national level depends on where you do business now and where you plan to do business in the future. If you have broader commercial ambitions or need nationwide protection, you may want to consider federal trademark registration through the USPTO.

Discuss your trademark registration and enforcement options with an attorney today. Call (713) 783-3110 or contact us online.

Legal remedies for trademark infringement vary by jurisdiction and depend on where and whether a trademark is registered. Here are some of the legal remedies that may be available to you:

• Injunctive relief to stop trademark infringement
• Recovery of monetary damages
• Punitive damages in cases of bad-faith infringement that led to serious consequences
• A required accounting and/or disgorgement of profits
• Destruction of the infringing counterfeits or imitations
• Recovery of attorneys’ fees

Have questions about trademark litigation? Contact us to speak personally with an attorney about your situation, rights, and options.

Trademarks are distinctive symbols, words, phrases, designs, or other identifiers used to distinguish and protect the source of goods or services in commerce. Infringement can occur when a third party uses a similar or identical mark in a way that causes confusion among consumers regarding the origin or sponsorship of the goods or services being offered.

Examples of trademark infringement may include:

• Unauthorized Use of a Logo: If a company uses a logo that is identical or exceedingly similar to another company's registered trademark without permission, it constitutes trademark infringement.
• Counterfeit Goods: Producing and selling goods under a well-known brand name without the brand owner's consent is a clear case of trademark infringement.
• Domain Name Squatting: Registering a domain name that includes a trademarked name, word, or phrase intending to profit from the trademark's reputation can be considered an infringement.
• Similar Sounding Names: Using a business name that sounds very similar to a trademarked name can also be considered infringement if it's likely to cause confusion among consumers.
• Misuse of Meta Tags: Using another company's trademark in the meta tags of a website to draw traffic can be considered trademark infringement.
• Imitation Packaging: Copying the packaging design of a product that includes trademarked elements is another example of infringement.
• Unauthorized Use of a Trademark in Comparative Advertising: While comparative advertising is legal, using another company's trademark in a misleading or unfair manner could be considered an infringement.
• Selling Unauthorized Merchandise: Selling merchandise like t-shirts or mugs featuring a trademarked logo or character without the trademark owner's permission is also an infringement.
• Trademark Dilution: Using a famous trademark to dilute its uniqueness or tarnish its reputation, even if there's no confusion or competition between the products, can be an example of trademark infringement.
• Unlicensed Franchising: Operating a business under a franchised trademark without obtaining a license from the trademark owner is a clear case of trademark infringement.

Infringement claims often begin with a demand letter accusing you or your business of infringement, cataloguing the accuser’s legal claims to the trademark or copyright, and threatening legal action unless you “cease and desist” immediately.

Do not be alarmed. Demand letters are not court orders; they are merely the legal opinion of the opposing party. This does not mean you should ignore the demand letter. Instead, a timely, well-argued legal response is recommended. 

Our Houston trademark attorneys can defend you against infringement claims by:

• Challenging the Claim's Legal Foundation: We analyze whether the accuser's trademark or copyright is valid and eligible for protection. Many claims fail because the accuser cannot prove they are the senior user of the mark or that their copyright registration is proper. If the trademark owner has not actively used the mark or has shown an intent to abandon the mark, the defendant may argue that the mark is no longer valid or enforceable.
• Demonstrating No Likelihood of Confusion: For trademark claims, we examine the seven factors Texas courts use to evaluate confusion: type of mark, similarity of design, similarity of products/services, retail outlets, advertising channels, defendant's intent, and evidence of actual confusion. Significant differences in logo design, colors, fonts, and business services often defeat infringement claims.
• Proving Distinct Products or Services: Even if trademarks share the word "Platinum," companies offering different services in different markets do not necessarily infringe. We can document these distinctions clearly in our defensive strategy.
• Fair Use: Similar to the fair use defense in copyright law, the fair use defense in trademark law allows for the use of another's trademark without permission in certain situations. Fair use typically applies when the use is non-commercial, descriptive, nominative, or critical, and it does not cause confusion as to the source of the goods or services.
• Nominative Use: Nominative use occurs when the defendant uses the plaintiff's trademark to refer to the plaintiff's own products or services. This is often seen in comparative advertising or reviews where the defendant needs to identify the plaintiff's brand for context.
• Parody: A parody is a humorous or satirical work that comments on or critiques the original trademark. If the defendant's use is a clear parody and unlikely to cause confusion, it might serve as a defense.
• Statute of Limitations: If the plaintiff waited too long to file a lawsuit after discovering the alleged infringement, the defendant may raise the statute of limitations as a defense. The statute of limitations for trademark infringement in Texas is four years.
• Establishing Good Faith Use: We can demonstrate that your use of the mark was inadvertent, that you properly purchased the rights, or that your use complies with the licensing terms.
• Negotiating Cost-Effective Resolutions: Sometimes removing disputed materials from your website and agreeing not to use certain marks in the future resolves disputes without expensive litigation – protecting your business while avoiding court costs.
• Preserving All Legal Remedies: We can firmly reject baseless demands while reserving your rights to counterclaim for frivolous allegations and recover attorney fees if the accuser pursues meritless litigation. 

If you're facing a trademark infringement claim or need to defend your use of a mark, contact our law office by calling (713) 783-3110 immediately.

The business and intellectual property attorneys at Hendershot Cowart P.C. are ready to provide the necessary guidance and support to secure and defend your trademark, protect your brand reputation, and mitigate disruptions to your business caused by infringement or infringement claims.

In addition to defending or pursuing trademark infringement claims, we also assist clients with proactive measures to protect intellectual property against infringement, such as trademark and copyright registration, licensing agreements, and company policies.

Frequently Asked Questions

What happens if I don't register my trademark?

Without Texas or federal trademark registration, you only have common law rights in the geographic areas where you use the mark. Texas common law rights grant the "senior user" (i.e., the first person to use the trademark in the area) priority and protection against consumer confusion. Again, these rights are limited to the city, county, or specific area where the business actively operates, and do not provide nationwide protection. Common law rights are also more difficult to enforce.

Do I need a lawyer to file a trademark application?

While not required, working with a Houston trademark lawyer significantly increases approval chances. Attorneys conduct comprehensive searches, properly classify goods/services, draft descriptions that maximize protection, and handle required paperwork and filings with the Texas Secretary of State or the USPTO. DIY applications frequently face rejections that could have been avoided.

If your trademark has been infringed upon, or you have been accused of trademark infringement, reach out to Hendershot Cowart P.C. by calling (713) 783-3110 to schedule a confidential consultation.