Related Matters

Many of the firm’s related practice areas generally complement the principal practice by:

  • providing alternative solutions to protect intellectual property in cases where the patent, trademark or copyright laws fall short;
  • providing supplemental relief in cases where the patent, trademark or copyright laws do not provide adequate relief; or
  • providing preventative measures to avoid cases arising under the patent, trademark or copyright laws.

Some related practice areas simply address matters often encountered by clients of patent, trademark, or copyright practices. For example, copyright clients may require advice and assistance with publishing agreements. Patent clients working to establish a business relationship with another organization for the development of a new technology may require advice and assistance with the preparation of a joint research agreement, which might be incorporated into the company agreement of a purpose formed limited liability company.

Protecting trade secrets requires preventive measures to ensure that a company’s business information qualifies as a trade secret, and to dissuade employees or other insiders from misappropriating the information. Confidentiality and noncompetition agreements should both be considered for employees and contractors, and in some cases visitors having a need to access the information. Published company policies with respect to the proper handling of proprietary business information should also be put in place. In the event a violation occurs, the appropriate agreements and company policies should be readily available to support application for a restraining order under the trade secrets laws.

A company may be the target of the deceptive or nefarious conduct of a competitor, which causes damage to the company’s brand but does not constitute traditional trademark infringement or tarnishment of the mark. In such a case, it may be possible to use the law of business disparagement and injury to business reputation to obtain relief. Where false statements are made to customers or nefarious methods are employed to wrest away customers, a case of false advertisement or interference with business relations might be brought.

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San Antonio, Texas