Trademark and Service Mark

Friday, April 20, 2018

Keep Your Brand From Becoming Generic

How can I protect my trademark becoming generic?

As your trademark grows in popularity, it will become important to protect it from genericide. Genericide happens when a brand becomes so well known that it morphs into a product category. Examples of now generic brands include aspirin and escalators. Once a trademark becomes generic, it loses all protection. It becomes vital for the

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Thursday, February 15, 2018

Protecting Your Business’s Website

Can I copyright my website?

In today’s internet driven world, your website will often be a customer or client’s first introduction to your business. Your website is one of your business’s most valuable assets and, as such, it must be protected to the fullest extent. There are several steps you can take to protect your business website using intellectual property laws.

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Monday, April 17, 2017

Texas Taco Company Sues Over Alleged Infringement of its Catchphrase

How can I legally protect my business’ slogan or catchphrase?

An Austin taco-based franchise is in the midst of a legal battle over the phrase “damn good tacos.” Torchy’s Tacos claims that a Colorado restaurant called Dam Good Tacos has infringed on its trademarked slogan. Torchy’s registered its tagline “Damn Good Tacos” with the United States Patent and Trademark Office back in 2008, about two years after the Colorado taco shop opened for business. Torchy’s sent a cease and desist letter to Dam Good Tacos, which uses the same phrase, but with a slightly different spelling. The company refused to change its name and Torchy’s filed suit.

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Tuesday, December 27, 2016

Michael Jordan Wins International Trademark Dispute

How can I protect my trademark abroad?

Retired NBA all-star Michael Jordan recently prevailed in a long-running trademark dispute in China. Michael Jordan initially filed suit against Qiaodan Sports Co. in 2012, alleging that the company’s use of the name “Qiaodan” infringed on his right to his own name and violated trademark law. Qiaodan is Jordan’s name translated in Chinese. The people of China widely refer to Jordan as Qiaodan.
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Previous Posts

Basics of Business Law

Common Business Disputes

Top Challenges Faced By Business Start-Ups

Dissolving a Corporation

Enforceability of Non-Compete Agreements in Texas

How to Move Your LLC to Texas

The Costs of a Cyber Security Breach of your Business

Pre-Incorporation Agreements and Why They are Significant

What to Include in a Service Contract

Do You Need to Have a Buy-Sell Agreement in Place?

Blog Categories

Alternative Dispute Resolution

Business Formation

Business Start-Ups

Business Succession Planning

Company Policies

Employee Handbooks

Intellectual Property

Lease Agreements

Patent Protection & Strategy

Purchase or Sale of a Business

Shareholder Agreement

Trademark and Service Mark

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Archived Posts

Basics of Business Law
Common Business Disputes

Top Challenges Faced By Business Start-Ups
Dissolving a Corporation

Enforceability of Non-Compete Agreements in Texas
How to Move Your LLC to Texas

The Costs of a Cyber Security Breach of your Business
Pre-Incorporation Agreements and Why They are Significant

What to Include in a Service Contract
Do You Need to Have a Buy-Sell Agreement in Place?

How to Prove a Material Breach of a Business Contract
When Is It Time to Close Your Business?

How to Close Your Business
How to Set Your Business Merger Up for Success
The Basics of Starting Your Own Business
The Most Common Types of Business Disputes

The Most Common Types of Business Disputes
The Basics of Starting Your Own Business

Force Majeure Clauses
The Value Standard in a Partnership Agreement

How to Choose the Right Business Partner
Liquidated Damages Clauses in Business Contracts

What is a Professional Corporation?
Forming an LLC in Texas

Avoid these Common Family Business Mistakes
Creating a Remote Work Policy

Hiring an Attorney for your New Business is a Must
Virtual Mediation in COVID-19 Times

Have you Heard of the Promoting Competition in the American Economy Executive Order?
COVID-19 Waivers and Your Business

The Stages of Contract Formation
What to Include in a Business Lease Agreement

The SBA’s Shuttered Venue Operators Grant Program
How to Appeal a Denial of Your PPP Loan Forgiveness

Can You Run a Business from Home in Texas?
What to Include in a Service Contract

How to Protect Your Business From a Lawsuit
How Do I Get a DBA in Texas?

What Is a Trade Secret?
Benefits of ADR in Business Disputes

What Should Be Included in a Franchise Agreement?
How Do You Apply for Paycheck Protection Program (PPP) Loan Forgiveness?

Do I Need a Buy-Sell Agreement?
What Questions Should I Ask a Lawyer When Starting a Business?

Are Non-Compete Agreements in Texas Enforceable?x
How to Conduct Due Diligence Before Buying a Business

The Dangers of DIY Legal Resources
What Costs Should a Startup Plan For?

What Is a Co-Op Business Structure?
What Role Do Stakeholders Play in a Company?

What Type of Business Entity Should I Form?
Does My Business Need a Separate Tax Identification Number?

What to Look for in a Property Agreement
How to Start the New Year Right for Your Business

The Benefits of a Written Employment Contract
What Exactly Is Business Law?

How to Create a Solid Shareholders Agreement
Asset Purchase Agreements

Tips for Successful Contract Negotiations
Video Conferencing Solutions for Your Business in the Time of COVID-19

How to Sell Your Franchise
Tips for Re-Opening Your Business After COVID-19 Shutdowns

SBA Emergency Aid Available to Businesses Impacted by COVID-19
What Is a Joint Venture?

Business Buying Pitfalls to Avoid
What to Do If You Have a New Business Idea

What Are the Benefits of Alternative Dispute Resolution?
What Voids a Non-Compete Agreement?

What Does the Coronavirus Aid, Relief, and Economic Security (CARES) Act Provide for Small Businesses?
Can I Get a Small Business Loan Under the Coronavirus Stimulus Plan?

What to Look for When You Are Buying a Business
What Should Be Included in a Service Contract?

What to Do Before Selling Your Business
Things to Consider Before Buying A Franchise

What Businesses Need to Know About Texas' Updates to Breach Notification Law
Common Problems Start-Ups Face

Tips for Negotiating a Business Contract
What to Look for in a Commercial Lease

What Is a General Partnership?
What Is the Uniform Trade Secrets Act?

What Is the Difference Between an LLC and an LLP?
What Is an Asset Purchase Agreement?

What Should Be Included in an Investor Agreement?
What Is a Certificate of Formation?

What Are the Benefits of a Sole Proprietorship?
Non-Disclosure Agreement

Shareholder Agreements
“Save Chick-fil-A” Bill Signed into Law by Texas Governor

What Is the Difference Between a C Corporation and an S Corporation?
When Does a Business Start-Up Need a Patent?

Alternative Dispute Resolution
Employee Handbooks

Non-Disclosure Agreements
What Should I Do Before Buying a Franchise?

Formation of a C Corporation
Buying a Small Business

Six Factors to Consider Before Selling Your Company
Steps to Starting a Business

Another Apple Employee Charged with Theft of Trade Secrets
Forbes Ranks Texas Health as Top Employer for Diversity

Managing Office Romances
Your 2019 Outlook for Buying or Selling a Business

California Businesses Flock to Texas
Employers Should Consider Updating Their Employee Handbook This New Year

Funding Your Startup Business
FMLA and Key Employees

Protecting Your Store’s “Look” With a Design Patent
The Benefits of ADR for Business Disputes

Austin Business Journal Recognizes the Fastest Growing Companies
Avoid These Mistakes When Buying a Business

Before Pitching Your Idea, Make Sure It’s Protected
Franchising Internationally

Wallet Hub Names Texas as Best State to Start a Business
Fitbit Employees Charged with Stealing Trade Secrets from Jawbone

A Look at Some Famous Intellectual Property Cases
Dissolving Your Partnership

Selecting a Business Entity Under the New Tax Code
Austin’s Sick Leave Ordinance Faces Challenge

Keep Your Brand From Becoming Generic
Texas Businesses Are Hiring

Opening a Liquor Related Business in Texas
Exploring the Influential Trade Secrets Case of Waymo v. Uber

Resolving a Dispute With Your Franchisor
Protecting Your Business’s Website
Turning Your Concept into a Startup

Business Disputes: Arbitration vs. Mediation

U.S. Supreme Court Takes on the Issue of Patent Reviews
Minority Business Owners Could Be Eligible For Grants

Drafting Your Employee Handbook
Women-owned Businesses On the Rise in Texas

The Challenges of Small Business Ownership
Benefits and Drawbacks of Buying a Franchise

Texas Businesses Struggle to Rebuild After Hurricane Harvey
Protecting Your Idea or Concept with a Patent

Forming a Corporation for Your New Texas Business
Selecting a Registered Agent for Your Texas Business

Knowing How to Sell Your Small Business in Texas
Texas Businesses Form Coalition to Protect Trade Between U.S. and Mexico

Texas Ranked One of Best States for Business
Should You Franchise Your Business?

Protecting Your Business’ Trade Secrets
Small Business Owners: Be Sure You Understand These Four Laws

Your Guide to Purchasing a Business in Texas
Texas Taco Company Sues Over Alleged Infringement of its Catchphrase

Passing Your Business On To Your Heirs
Forming a Partnership in Texas

Lubbock Becomes the Franchise Capital of Texas
Protecting Your Business Name in Texas

Texas Court Rules Employees on FMLA Leave Cannot Receive Unemployment Benefits
Starting Your Own Small Business in Texas

Texas Celebrates Small Businesses
Michael Jordan Wins International Trademark Dispute

Hundreds of Texas Business Owners Sign Letter Denouncing Exclusionary Policy
Businesses React to Proposed Ban of Non-Compete Agreements
Austin Poised to Double in Size

Buyer Beware when Purchasing Property for a New Business
Austin Has Startup Appeal

Pros and Cons of Buying a Franchise
A Primer on Buy Sell Agreements

Non-Compete Clauses Under Scrutiny
The Significance of Intellectual Property

Medical Marijuana Business Expected to Grow in Texas
No Money for Patent That Becomes a Military Secret

Austin Food and Beverage Start-Ups Attract Venture Capital
The Meaning of the Defend Trade Secrets Act (DTSA) for U.S. Businesses
Partnership Dispute Over YouTube Channel Offers Lessons for Start-Ups

Copyright of "We Shall Overcome" Called into Question
Lawmakers Consider Enhanced Protection of Trade Secrets

Women-Owned and Minority-Owned Businesses Still Trailing those Owned by White Men

Reasons for Employee Handbooks
Insurance That Can Protect Your Small Business

Why Branding is Essential for a Small Business
What Texas Business Owners Need to Know About Open Carry

Business Entity Options for Texas Start-Ups
Important Legal Concepts for the Entrepreneur

Texas Joins List of States Allowing Companies to Opt Out of Workers' Compensation Plans
Texas Lawsuits Pile Up Against Chesapeake Energy Corporation

Mark Cuban Says Texas is a Startup-Friendly State
Texas Ranked as Friendliest State for Small Businesses

September 1st Means Hundreds of New Laws Take Effect

Congress Introduces Bill to Ban Non-Compete Clauses Against Low-Wage Workers
BBQ Bans & Other Legal Issues Facing Restaurant Entrepreneurs
Start-Ups & Tech Businesses Fear Impact of New “Cloud Tax”

Texas Passes Bill Eliminating Double Taxation for Professional Employer Organizations
New Provision Added to 2012 JOBS Act Designed to Make Crowdfunding Easier

Texas Supreme Court Approves Shareholder Lawsuit in ‘Closely Held’ Corporation
4 Legal Lessons You Learn From Watching "Shark Tank"

Honing Your Negotiation Skills
Trade Secrets At Issue In New Lawsuit Involving Apple
Austin Tech Company Sues Honeywell for IP Infringement
Business Succession Planning
Congressional Hearing Reviews Recent Patent Cases

Rin Tin Incorporated Commences Legal Dogfight Over Intellectual Property

Is a Joint Venture Right for My Business?

New Law Will Streamline Design Patent Filings for Global Products

Texas Licensing Requirement for Hair Braiders Struck Down
The Advantages and Disadvantages of Buying a Franchise

Minority Shareholder Rights, or Lack Thereof, in Texas
Purchasing a Business

New Texas Legislation Allowing Crowdfunding

Managing Risk in Your Small Business
Cottage Food Law Reform Has Increased Entrepreneurship in Texas

What Type of Business is Right For You?
Tips for Obtaining Venture Capital

Number and Success of Female Entrepreneurs Growing
Slip and Fall Case Impacts on Spoliation Rules

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