Civil Justice Warriors

Types of Intellectual Property Infringement in Texas

Many business owners and entrepreneurs depend on the ability to legally protect the secrets of their success and bar others from capitalizing on their original ideas. Intellectual property laws serve to protect and distinguish between the various forms of creative products that can be owned.

Copyright Infringement

A copyright protects various forms of creative expression, such as:

  • 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. This does not include uses which fall under the doctrine of fair use, which permits limited use of copyrighted materials for journalistic purposes, research, parody, etc.

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.” In addition to maintaining exclusive rights for as long as the patent is in effect, patent owners 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 and/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.

Intellectual Property Lawyers Serving Inventors & Business Owners in Dallas

At Mathias Raphael PLLC Accident & Injury Lawyers, we take intellectual property violations very seriously. We understand that protecting your inventions, trade secrets, logos, etc. is key to your success, and we are here to help you make sure others do not unfairly capitalize on your hard work and creativity. When you connect with our team of talented business litigation lawyers in Dallas, we may be able to help you if you are experiencing a copyright, trademark, or patent violation in Texas, starting with a free, confidential consultation.

Call (214) 739-0100 today to speak to an intellectual property attorney in Dallas about your case.