The Polasek Law Firm (TPLF) is an intellectual property litigation law firm dedicated to providing exceptional legal service to companies and individuals. Its attorneys have 30 years of litigation experience, with over 25 years of experience in patent, trade secret, trademark, copyright, and other commercial litigation. The focus of the firm’s practice is on patent and trademark litigation. The firm is also experienced in trademark applications, technology licensing, providing opinions, and general IP counsel.
When you find yourself embroiled in a dispute involving Intellectual Property, you need patent lawyers and trademark lawyers that have experience in handling those types of disputes. Please contact TPLF. The initial consultation is at no charge.
TPLF strives to provide exceptional service to every client, on every matter. TPLF is experienced in engineering that allows the firm to effectively represent clients in numerous technology areas. TPLF has extensive experience in litigating cases in courts all over the United States for clients from all over the world. At TPLF, clients receive one-on-one attention from the firm.
The Polasek Law Firm recognizes that clients expect quality legal representation at a reasonable price. The firm provides its clients with affordable representation at hourly rates significantly lower than those charged by big firms, and for certain matters provides result-oriented fee arrangements, such as a contingent fee option.
TPLF has years of experience in enforcing patents through patent litigation and licensing for clients seeking hourly or contingent fee representation and defending companies accused of violating the intellectual property rights of others.
Ted has litigated patent infringement, trademark infringement, trade secret, copyright infringement, and other commercial disputes over the past 30 years. Ted has litigated many patent infringement cases on behalf of patent owners and companies accused of infringement. He has also successfully negotiated patent licenses covering patent portfolios of more than 100 patents.
Ted understands that clients seek counsel that works efficiently and provide high-quality representation.
Polasek Law Firm has decades of experience handling cases in intellectual property and patent litigation.
Polasek Law Firm is located in Bellaire, Texas which is part of the Houston metroplex area, and concentrate in the area of intellectual property law, with an emphasis on litigation and licensing, specifically dealing with patent infringement, trademark infringement, copyright infringement, and trade secret lawsuits on a reasonable hourly basis, contingency fee or result based fee.
TPLF is experienced in mediation, rendering infringement and validity opinions, licensing and technology transfer, and client counseling.
Aug 12, 2025 | By Ted Polasek | Read Time: 5minutes
Running a business in Texas means building a brand your customers can trust. But what happens when someone uses your name, logo, or slogan without permission? Or if someone accuses you of doing the same? That’s where trademark litigation comes in. At The Polasek Law Firm (TPLF), we help business owners navigate the complex world of trademark law. With over 25 years of experience in trademark litigation, our team understands how to protect your brand and defend your rights. The Basics of Trademark Rights A trademark can be a name, logo, design, or slogan identifying your products or services. Depending on how you use these identifiers, you might have exclusive legal rights to them. But generally, a protected mark cannot be merely descriptive or a surname. And a protected mark cannot be easily confused with another. There are three primary sources of trademark rights. Common Law You get common law rights just by using your trademark in business. If you’ve consistently used a name or logo, you may already have enforceable rights even if you never registered the mark. However, common law rights are limited and may be harder to prove than your rights after registering a trademark. Texas State Registration You can register a trademark with the Texas Secretary of State, which gives you broader rights across the state and creates a public record of your claim. Under the Texas Business and Commerce Code, registered trademarks receive stronger legal protection and make it easier to prove infringement in state court. Federal Registration Registering your mark with the United States Patent and Trademark Office offers the most protection. A federal registration gives you exclusive nationwide rights to use your mark in connection with your goods or services. Federal registration also allows you to bring trademark infringement lawsuits under the Lanham Act in federal court. What Is Trademark Litigation? Trademark litigation is the legal process of enforcing trademark rights. The law protects trademarks from being used by others if that use causes confusion among consumers. Trademark litigation can arise in several situations, including when you discover another business is using your mark without permission, or someone accuses you of using a name or logo too similar to theirs. In short, trademark litigation answers the question: Who has the right to use this mark in commerce? What Happens in a Trademark Lawsuit? If you’re contemplating or are already involved in trademark litigation, you might have to take the following steps. Step 1: Filing the Complaint A lawsuit begins when a plaintiff files a complaint in federal or state court. The complaint will likely claim that the defendant has used a confusingly similar mark and ask for legal remedies. Once a trademark complaint is filed, it must be served along with a summons on the defendant to allow them to respond. After the defendant’s response deadline passes, the parties can engage in discovery. Step 2: Discovery Both sides gather evidence of trademark rights and infringement, or the lack thereof. This evidence could include: Your evidence can help the court understand how and when each party used the marks and the likelihood of confusion or intentional misconduct. Step 3: Motions and Hearings Parties may file motions to: These motions can help resolve the case early or narrow the issues for trial. Step 4: Trial or Settlement Many trademark disputes settle before trial. A party might agree to stop using a mark or pay for any damage they caused to the markholder’s business. However, if the case proceeds, the court will determine whether infringement occurred and what damages it should award. Remedies for Trademark Infringement If the court finds trademark infringement, several remedies are available, including: These remedies are designed to stop the harm, punish bad actors, and compensate the trademark owner. Defenses Against Trademark Infringement Claims If you are sued for trademark infringement, you may have several defenses, including: The law recognizes these defenses and more. Our Houston trademark litigation attorney can help you determine which defenses apply. What Is the Cost of Trademark Litigation? One of the biggest concerns for business owners is the cost of trademark litigation. A case may cost many thousands of dollars, especially if it goes to trial. Potential costs can include: At TPLF, we work with clients to manage costs, explore early resolution, and use litigation strategies tailored to your financial and business goals. When to Hire a Trademark Litigation Attorney You should talk to a lawyer right away if: A top Houston trademark litigation attorney from TPLF can evaluate your options to protect your brand and represent you in court if needed. Choose The Polasek Law Firm Today The Polasek Law Firm is a top intellectual property litigation firm located in Houston, Texas. Our attorneys have several decades of experience providing clear and strategic advice. We fight to protect your brand and help your business succeed. If you have questions about your trademark rights or are involved in a dispute, contact us online or by phone today. We’re ready to help you protect what you’ve built. Resources:
The Five Steps to Prevent Intellectual Property Theft
Mar 2, 2022 | By Ted Polasek | Read Time: 3minutes
If you’re wondering how to prevent intellectual property theft, you are not alone. As with any other type of property, intellectual property (IP) is an extremely valuable asset for many businesses. Thus, it’s important to take precautions in an effort to protect your IP. Of course, no amount of preventative action can ensure that bad actors won’t attempt to steal your intellectual property. However, there are certain things you can do. This guide will go over the five steps you can take to better protect your intellectual property rights. Have questions about intellectual property law and how you can use it to your advantage? Give The Polasek Law Firm (TPLF) a call. With more than 25 years of experience helping our clients protect their intellectual property rights, we are confident that we can help you too. Step 1: Know What Intellectual Property You Can Protect The first step to preventing theft of intellectual property is to understand what intellectual property rights you may have. “Intellectual property” is an umbrella term that encompasses a variety of rights. According to the World Intellectual Property Organization (WIPO), intellectual property refers to creations of the mind and includes things such as inventions, literary and artistic works, designs, symbols, names, and images. Four of the most common types of protectable intellectual property are: Patents, Trademarks, Copyrights, and Trade Secrets Patents provide the owner an exclusive right to prevent or stop others from using a patent’s claimed invention without authorization. Trademarks are words, phrases, symbols, or designs that identify a source or goods or services and allow the owner to prevent others from using similar marks in connection with related goods or services. Copyrights provide the owner an exclusive right to reproduce, distribute, perform, or display an artistic, literary, or creative work. Trade secrets protect your confidential information. Without knowing what protectable rights you may have, it will be difficult to prevent others from infringing upon them. Step 2: Secure Your IP Rights Once you’ve identified what intellectual property rights you may be able to protect, the next step is to move forward with actually securing those rights. To prevent others from using your invention, you must first apply for and obtain a patent. With copyrights, your rights attach as soon as the work is created. By registering your work with the United States Copyright Office you can put others on notice of your rights, and bring suit in Federal Court. Similarly, you do not have to register your trademark and can acquire protection through use of the mark in commerce. However, federal registration provides certain nationwide presumptions related to your mark. Step 3: Monitor Your Intellectual Property Once you’ve registered your intellectual property, it’s important that you continue to actively monitor it. For example, this might include periodically checking online or setting up alerts for internet searches for similar or identical trademarks, copyrights, or inventions being used by others without your consent. By diligently monitoring potential infringement, you can better prevent extensive and continued theft of your intellectual property. Step 4: Should You Send a Cease and Desist Letter? If you do notice use of your IP by unauthorized third parties, make sure to take prompt action. A first step to consider in many cases is to send a cease and desist letter. This puts the infringing party on notice that you are actively monitoring your IP and demands that they stop infringing on your rights. However, sending such a letter opens the potential for the other party to preemptively file a lawsuit. So this action should not be undertaken without careful thought and consulting an attorney. If you need help drafting a cease and desist letter to send to infringing parties, TPLF can help. Step 5: Contact an Intellectual Property Attorney Finally, one of the best ways to prevent theft of intellectual property is to hire an experienced intellectual property attorney. An attorney can help you: Apply for and register your intellectual property; Monitor the unauthorized use of your IP by potential infringers; Draft cease and desist letters; and Pursue litigation when the infringement of your rights continues. No matter how diligent your efforts are, there’s always a chance that others will attempt to use and profit from your hard-earned intellectual property rights. Thus, having a qualified IP attorney in your corner can be a fantastic asset. TPLF: Your Intellectual Property Law Firm Countless business owners, creatives, and entrepreneurs want to know how to prevent intellectual property theft. And while there’s no surefire way to prevent the theft of your IP, there are a number of steps you can take to protect your rights. If you have questions about how to prevent intellectual property theft, The Polasek Law Firm is here to help. With decades of experience, we have what it takes to zealously defend and actively pursue your intellectual property rights. For a free consultation with a knowledgeable intellectual property attorney, contact TPLF today.
Damages for Patent Infringement If you have a patent that you believe is being infringed, you may have questions about recoverable damages. You may be asking what are the damages for patent infringement, and how to prove damages. Or if you are being accused of infringement, you may be asking what is the value of this patent. Our experienced patent litigation attorneys will explain. For assistance, please don’t hesitate to send us a message or call (832) 485-3580 today. The Federal Circuits opinion in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., decided July 3, 2018, provides a good analysis of damages for patent infringement. The Statute 35 U.S.C. Section 284 provides that the court shall award the claimant damages adequate to compensate for the patent infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer. Appointment Power Integrations is another case that considers apportionment between the infringing and non-infringing features of the accused product, and application of the entire market value rule. The Federal Circuit stated As a substantive matter, it is the value of what was taken that measures a reasonable royalty and it is only the patented technology that is taken from the owner, so the value to be determined is only the value that the infringing features contribute to the value of an accused product. When the infringing device has multiple components, the Court stated: [w]e have articulated that, where multi-component products are accused of infringement, the royalty base should not be larger than the smallest salable unit embodying the patented invention. Yet, this may not end the inquiry in deciding the appropriate royalty base. In Power Integrations, the Court stated that even if the smallest salable unit is used, the patent owner must still establish what portion is attributable to the patented technology when the smallest salable unit itself contains several non-infringing features. Entire Market Value Rule In Power Integrations, the Court described the entire market value rule (EMVR) as a demanding alternative to our general rule of apportionment. The EMVR allows patent owners to recover damages based on the value of the entire apparatus containing multiple features when the patented feature constitutes the basis for the consumer demand. However, there are strict requirements that limit the EMVR: If the product has other valuable features that also contribute to driving consumer demand patented or unpatented- then the damages for the patent infringement must be apportioned to reflect only the value of the patented feature. This is so whenever the claimed feature does not define the entirety of the commercial product. In some circumstances, for example, where the other features are simply generic and/or conventional and hence of little distinguishing character, it may be appropriate to use the entire value of the product because the patented feature accounts for almost all of the value of the product as a whole. Although this sounds helpful to patent owners, the Federal Circuit cautioned that the EMVR is appropriate only when the patented feature is the sole driver of customer demand or substantially creates the value of the component parts. If the accused infringer provides evidence that its product has other valuable features, the patent owner has the burden to establish those features are not relevant to consumer choice those other features did not influence purchasing decisions. The Court’s opinion provides a good summary of the evidence (and argument) on these issues and is certainly worth reading to consider how a potential case will measure up. Contact a Patent Litigation Attorney If you have a patent that you believe is being infringed or if someone is alleging that you owe damages for patent infringement, please contact our patent litigation lawyers by filling out our short form or calling (832) 485-3580 today.
