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,...
Continue ReadingRunning 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...
Continue ReadingPatent Infringement Damages If you have a patent that you believe is being infringed, you may have questions about recoverable damages. These questions often arise early when determining whether a matter may be appropriate for contingency-based patent infringement litigation or traditional hourly representation. You may be asking what are the damages for patent infringement, and how to prove damages. Or if...
Continue ReadingIf you have recently filed an “intent to use” application for a mark or logo in connection with your business, it may be time to file a Statement of Use. But what exactly is a Statement of Use? Do I need one for my business? And will I have to pay a Statement of Use fee? These are questions...
Continue ReadingDo you need a lawyer to apply for a trademark registration? Well, that depends on who you are. A trademark lawyer is a legal necessity for a so-called “foreign applicant,” for example. But given the complexities of the trademark application process, hiring an attorney is also a very good idea for anyone else seeking trademark protection. Benefits of Federal...
Continue ReadingYour name, logo, or slogan are important parts of your business’s identity. To protect that identity—and your business’s reputation—it is important to file a trademark application form to start the process of registering your trademark. Doing so is relatively easy and can save you many legal headaches in the long run. If you are looking to register a trademark,...
Continue ReadingThe Federal Circuit once again held, in Rain Computing, Inc. v. Samsung Electronics America, Inc., et. al., 2020-1646 (Fed. Cir. March 2, 2021), that a patent owner cannot rely on a general-purpose computer as a structure for performing the function recited in the claim language when the claim language is construed to be means-plus-function. Most patent litigators are well familiar...
Continue ReadingYour brand name or logo is an important part of your business. Whether you sell goods or provide services, your brand is how customers identify you. Registering a trademark allows you to protect the association your customers have with the goods and services of your business. However, if you’ve spent any time researching how to file a trademark, you’ve...
Continue ReadingAs an inventor, owning a patent is one of the most rewarding things you can achieve. Successfully obtaining a patent on your invention requires significant dedication, time, and money. Unfortunately, however, individuals and entities do not always respect the protections provided by a patent. In fact, there were more than 225,000 patent cases filed in District Court in 2017...
Continue ReadingAn intellectual property lawyer is a lawyer who helps people register, protect, and make money from their unique ideas. The United States prides itself on ingenuity and innovation. Accordingly, multiple protections are available to those who invent and create. Despite these protections, the IP Commission reports that pirated software, counterfeit goods, and trade secret theft cost the U.S. economy...
Continue Reading