Houston Trademark Litigation Lawyers
Protect Your Rights & Intellectual Property
Intellectual property is among a company’s most important assets, and trademarks specifically are vital to a business’ brand and reputation.
Whether you’re looking to make a mark for your new business, or need to protect your established enterprise’s intangible assets in the face of allegations, infringement, and litigation, experienced legal representation is crucial to protecting what matters most.
Discuss your rights and options with an attorney. Call (713) 909-7323 or contact us online.
Proven Texas Trial Lawyers
At Hendershot, Cowart & Hisey, P.C., our business and intellectual property attorneys have cultivated a record of success counseling clients in state and federal courts across Texas and the U.S. Backed by over a century of collective experience, we help start-ups, established businesses, and everyone in between pursue resolutions to difficult disputes that can put considerable repercussions on the table.
Our award-winning trial attorneys have extensive experience litigating matters involving intellectual property, trade secrets, and trademarks, as well as helping clients establish and maintain proactive protections.
Our IP and trademark litigation services can benefit a range of professional corporate clients, including those facing matters involving:
- Trademark Infringement Defense
- Partnership Disputes / Shareholder Disputes
- Business Dissolution
- Proactive IP Protection / Trademark Registration
- Business Formation / Shareholder Agreements
- Patent & Copyright Infringement
Trademark Infringement: Allegations & Defenses
Trademark infringement occurs when a similar trademark is used in violation of the owner’s exclusive rights, or when a confusingly similar mark is used in relation to identical or similar products.
Aside from proving unlawful use and damages, trademark infringement cases are hinged on-court assessments of the similarity of trademarks and products / services, and the likelihood of confusion among consumers - which is why experienced representation before the court is vital.
Prevailing in a trademark infringement case can provide:
- Injunctive relief to stop infringement
- Monetary damages
- Required accounting / disgorgement of profits
- Attorneys’ fees
Our goals when defending IP and fighting back against infringement allegations center on stopping unlawful use of protected materials, securing damages for losses or unjust enrichment, defending reputations, and protecting clients’ interests in and out of the courtroom.
In addition to helping clients create proactive protections against infringement and measures which provide options when violations occur, we deliver decisive defense strategies tailored specifically to our clients’ situations, needs, and goals. This requires a thorough exploration of available defenses, which may include affirmative defenses, equitable doctrine defenses, and other approaches involving trademark law.
Common trademark infringement defenses include:
- Challenging Likelihood of Confusion
- Fair Use / Collateral Use
- Prior Use
- Doctrine of Laches
- Unclean Hands
- Congestible Registration
As in the case of patents, declaratory judgement is available for trademarks. 28 U.S.C. § §2201 and 2202 enable a party who is threatened with infringement litigation to seek a declaration that the trademark at issue is invalid and / or not infringed.
Have questions about trademark litigation? Contact us to speak personally with an attorney about your situation, rights, and options.