The Polasek Law Firm

Experienced Intellectual Property Law Firm

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 Polasek

Ted Polasek Headshot

Ted Polasek

Founding Attorney

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.

Cases The Firm Handles

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.

The Firms Law Library

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What Is the Process of Copyright Registration?

What is Copyright Registration? Understanding the copyright application process is an important step in learning how to register a copyright and protect your original work. From the moment you create an original work, you have an exclusive intellectual property right to make copies of your work. This is known as copyright. This right exists regardless of whether you publish your work or register it with the federal government. However, there are many benefits to registering your copyright with the U.S. Copyright Office, such as: If you have created a new work, consider consulting an experienced copyright lawyer to help you understand what is the process of copyright registration. They can help you prepare your copyright registration, advise you about copyright infringement, and help you with contracts to publish or license your work. Steps in the Copyright Registration Process If you decide to register your copyright, you will need to pay a fee depending on is you are re-registering one piece of work. The typical copyright registration cost for standard registration is $65 and if you are submitting for a piece of work that has been registered before and you are the only author, the fee is $45. You will also need to submit an application to the U.S. Copyright Office. This process involves several steps: Prepare Your Registration Materials Your copyright registration consists of three things: Generally, you should plan to include one copy of your work if it is unpublished and two copies if it is published. Determine How You Want to Register Your Copyright You can register a copyright either by mail or online. The easiest and quickest way to register your copyright is by submitting your registration online with the U.S. Copyright Office. Online copyright registration also has cheaper filing fees than paper registration. In many cases, you will need to mail the copies of your work separately, even if you complete registration online. However, the following works may be submitted electronically: If you prefer to register your copyright by mail, you need to choose the appropriate form for the type of work you are copyrighting. The Copyright Office has different forms for visual arts, performing arts, literary works, sound recordings, and single serials. You can download the forms online or request to have them sent to you by mail. You can mail your form to: Library of Congress U.S. Copyright Office-SR101 Independence Avenue SEWashington, DC 20559-6000 If you complete your registration by mail, you need to include your fee and copies of your work in the same package as your registration form. Follow Up on Your Registration If you register online, you will receive an electronic confirmation. If you register by mail, you should consider using certified mail to confirm receipt. The U.S. Copyright Office will not send you a confirmation. It generally takes about three to nine months for the Copyright Office to process your registration. The length of time depends on whether you submit your registration and copies electronically or by mail and whether further communication is needed before the copyright can be granted.  If you file online, you can check the status of your claim online. If you file a paper application, you can contact the Copyright Office to check your claim?s status after about six weeks. If the Copyright Office has questions or needs more information from you, it will reach out by mail, email, or phone. If the Copyright Office cannot grant your copyright, it will send you a letter explaining why it rejected your registration.  If all goes well and your copyright is registered, the Copyright Office will send you a certificate of registration by mail. How Long Does Copyright Last? The length of time a copyright lasts depends on when it was registered and whether the author is an individual or an institution. For any copyrights registered after January 1, 1978, the following rules apply: Individual Authors If the author of a work is an individual, their copyright will last for the length of their life plus 70 years. If the work has more than one author, then the copyright will last for the length of the last surviving authors? life plus 70 years. Institutional Authors Different rules apply if the author is an institution, such as a corporation or nonprofit organization, or someone they hired to complete work on their behalf. In this circumstance, the copyright lasts either 95 years from the date of publication or 120 years from the date of creation, whichever comes first. This rule also applies to anonymous authors. Talk With a Houston Copyright Lawyer About Protecting Your Work If you have questions about copyright registration or if you have questions regarding trademarks or patents, our experienced intellectual property attorneys are here to help. Whether you need assistance filing your registration or need representation in a copyright infringement dispute, contact us today and see what Polasek Law Firm can do for you.  Trusted by Creators, Innovators, and Businesses Nationwide Serving Houston, TX and Clients Nationwide

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Trademark vs. Copyright—What Is the Difference?

I frequently receive calls from potential clients seeking to protect their brand or a writing, but unsure whether they need to file a trademark application or obtain a copyright registration.  What is the difference between trademark and copyright law? In fact, they are distinct from one another in several different ways. In a nutshell, a trademark is a word, phrase, symbol or design that is associated with your goods or services, while a copyright is a form of protection for an original work of authorship.  If you have any questions or need help registering your trademark or copyright, please call (832) 485-3580 or send us an online message. Key Points Trademark vs. Copyright Trademarks protect brands; copyrights protect original works of authorship. Trademark scope: names, logos, slogans, trade dress that identify the source of goods/services. Copyright scope: text, images, music, video, software code, and other creative expression fixed in a tangible medium. How rights arise: Copyright attaches on fixation; trademark rights arise from use in commerce (or intent-to-use), and federal registration strengthens protection. Standards & duration: Trademarks hinge on likelihood of confusion and can last indefinitely with use/renewals; copyrights require originality and typically last life + 70 years. Practical tips: Run a trademark search, use marks properly (™/®), register both rights, and monitor for infringement. Request a Free Consultation What Is a Trademark? A trademark is a word, name, symbol or device used to identify your goods and services. In most cases this representation is visual—think of McDonald’s Golden Arches, for example, or the KFC slogan “It’s finger lickin’ good.” A trademark, however, can also be a sound or even a scent. You may acquire “common law trademark” protection through your use of a trademark in commerce. However, common law rights are limited, typically only to the specific geographic location of its use in commerce. You can obtain more expansive rights by obtaining a state registration, or better yet, a federal registration.  A federal registration provides you with the strongest protection. What is a Copyright? A copyright protects creative works such as novels, paintings, photographs, websites, and even computer software source code. A “copyright” attaches to a work the moment it is affixed in a tangible medium.  You must register your copyright with the US Copyright Office to enforce your rights in a federal court.  Trademark vs. Copyright: A Summary of the Major Differences Following are some of the primary legal differences between copyrights and trademarks:  Although you can register both a trademark and a copyright at the federal level, the registration process is different for each one. Potential Pitfalls The process of generating, registering, and protecting trademarks and copyrights can be complex. The following are some of the most common pitfalls: When it comes to protecting your business’s intellectual property rights, it is critical that you get it right the first time around.  Safeguard Your Intellectual Property Rights – Trademarks & Copyrights (100% Free Consultation) For a free consultation, contact an experienced intellectual property attorney at The Polasek Law Firm by calling (832) 485-3580 or by contacting us online.

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What Does a Patent Lawyer Do?

If you have an invention or idea you want to protect, it’s natural to wonder whether you need a patent lawyer — and what role one actually plays. While patents can be powerful business assets, the process of securing and enforcing them involves important strategic decisions that can affect long-term value. A patent lawyer helps inventors, entrepreneurs, and companies navigate the patent process, avoid common pitfalls, and protect innovations from misuse. From preparing applications to licensing and enforcement, legal guidance can play a critical role in whether a patent ultimately delivers real value. What Is a Patent? Patents can be used to protect any number of ideas and inventions, including: To be patentable, the invention must be original and nonobvious. Patents last from 15 to 20 years, depending on the type of patent. Do You Need a Lawyer to File a Patent Application? You can file a patent application on your own, but it is always a good idea to have a lawyer help you. When you write a patent application, you need to make sure your idea meets all the qualifications for a patent and that you describe it clearly enough to adequately protect it. For example, you need to: If you don’t prepare your application correctly, the patent office may reject it. Or even worse, the patent may not adequately protect your idea. Even if you want to do some of the initial draftings on your own, you should have an experienced patent lawyer review your application before you submit it. They can point out anything that might be missing or need more explanation. What Does a Patent Lawyer Do? A patent lawyer can help you with anything related to your patent, including obtaining the patent, licensing your invention, and protecting your patent from infringement. Obtaining a Patent As discussed above, a patent lawyer can draft or review your patent application and help you get your patent approved. Having a lawyer?s assistance as you apply for your patent can help speed along the process and ensure that your patent is adequately protected. If you’re unsure whether your application fully protects your idea, having an experienced patent attorney review it can help identify gaps before submission. Contact us today. Licensing In many cases, the person who creates an invention is not necessarily the person in the best position to manufacture, market, or sell it. Often, you will need to license your patent to actually earn money from it. There are many potential benefits of licensing your patent including: There are many options when it comes to licensing your patent. A patent attorney can advise you on the type of license that makes the most sense for your patent. They can also help you negotiate the license with prospective licensees so you can get more favorable terms. Some things you may discuss with your attorney include: Patent licenses are complex contracts. They include many detailed provisions that help define and protect your rights and those of the licensee.  A patent lawyer can help structure licensing terms that align with your business goals and reduce future disputes. You do not want to sign a license agreement without consulting with an attorney. You deserve appropriate compensation for your ingenuity and creativity. Infringement A patent gives you the right to prevent others from using, making, or selling your invention. Nevertheless, there are always those who try to profit from the hard work of other people. If someone else infringes on your patent, it can drastically affect your ability to make money from your invention. However, you have the right to take legal action against patent infringers. If you believe someone has infringed on your patent, you should talk to a patent attorney right away. The longer the infringement continues, the more you stand to lose. Your attorney will likely start by sending a letter to the other party to insist that they stop infringing on your patent. If they refuse, then your attorney will file a complaint in court. They will also likely request a preliminary injunction that will require the other person to stop what they are doing until the matter can be resolved.  Because time is of the essence and there may be a lot of money at stake, it is important to have an experienced patent litigator help you with this process. What Can a Patent Attorney at Polasek Law Do For You? John (Ted) Polasek has been practicing patent law for 30 years. His practice focuses on licensing patents and litigating patent infringement cases. Ted is committed to providing personalized service for each of his clients. This includes flexible fee arrangements that take the needs of individual clients into account. Ted offers a free consultation to discuss your patent-related questions. Contact our firm to schedule your consultation today. Trusted by Clients Navigating Patent Strategy Serving Clients Nationwide From Our Houston Office

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