Parker Justiss, P.C.

What remedies are available in an intellectual property lawsuit?

2026-06-30T18:53:31Z

Your intellectual property (IP) is often one of your most valuable business assets, and unauthorized use can threaten both your financial interests and your reputation. When infringement occurs, legal action may provide a path to compensation and other remedies aimed at protecting your rights. Here are some of the ways a court may address the harm caused by IP infringement.

Court orders that stop ongoing infringement

Injunctive relief is one of the most immediate and powerful remedies in IP cases. If another party is using your trademark, copyrighted work, patent or trade secrets, you can ask the court to order them to stop. This can include both preliminary injunctions, issued early in the case to prevent further harm, and permanent injunctions after a final judgment.

Monetary damages

Depending on the circumstances, you may be able to recover compensation for the financial harm caused by the infringement, including lost sales, diminished business opportunities or other economic losses. In some cases, you may also be entitled to recover profits the infringing party earned through the unauthorized use of your intellectual property. In certain situations involving willful infringement, courts may award enhanced damages or other additional monetary relief to reflect the deliberate nature of the misconduct.

Additional remedies

Beyond stopping conduct and awarding money, courts can impose further corrective measures. These may include ordering the destruction of infringing goods, requiring the removal of unauthorized content or mandating corrective advertising to repair consumer confusion. Every IP case is different, and the right combination of remedies depends on your specific situation, the type of IP involved and the strength of your evidence. If your work has been infringed upon, seek legal guidance to understand your options and protect your interests.

How is a patent different from a copyright?

2026-06-15T19:06:05Z

Patents and copyrights are two ways to protect your intellectual property. However, they work very differently and apply to different types of IP, so it is crucial that you understand which one you need. A patent is generally used for a technical invention. Someone may have invented a complex piece of machinery, a mechanical process, a pharmaceutical drug or a chemical composition. This is a unique, new development, and they patent it to ensure that they have the right to produce and sell it to consumers. They do have to demonstrate that it is a novel invention and that it has not already been patented by someone else.

What is a copyright?

A copyright is similar, but it generally applies to creative works, rather than technical inventions. These works can be literary, intellectual or artistic. For instance, a musician is going to have a copyright on a song or an album that they wrote, while a novelist is going to copyright their published works and collections. They have not developed a new technology, but they have created a unique artistic product, and they do not want anyone else to be able to copy it, use it or profit from it without their express permission.

Protecting your intellectual property

Patents and copyrights are just two ways to protect intellectual property, and many companies also want to consider trademarks to protect words, phrases, logos, designs, color schemes and other identifying marks that prevent consumer confusion. No matter what type of IP protection you need, it can be helpful to work with an experienced attorney to protect your rights.

Restaurant owners: Are you adequately protecting your IP?

2026-06-03T16:13:44Z

A restaurant’s name, branding, recipes, marketing materials and unique concepts may all carry significant value for a small business owner. Without proper legal protection, competitors may copy important parts of the business or create confusion in the marketplace. As a result of this reality, restaurant owners need to think carefully about their intellectual property interests. Working with a skilled legal team can help restaurant owners to exercise their rights and safeguard their intangible assets effectively.

Key types of intellectual property worth considering

To start, a restaurant’s name, logo, slogan or even signature product names may qualify for trademark protection. Registering trademarks can help prevent competitors from using similar branding that confuses customers or weakens a restaurant’s reputation. Restaurant owners should also consider the value of their online presence. Website content, menus, photographs, social media campaigns and marketing materials may qualify for copyright protection. Original branding and creative content often help distinguish restaurants in highly competitive markets. Trade secrets are also a common – and potentially consequential – concern in the restaurant industry. Confidential recipes, ingredient blends, preparation techniques, supplier relationships and business methods may provide competitive advantages that deserve protection. While recipes themselves can be difficult to protect through traditional intellectual property laws alone, businesses may still safeguard valuable confidential information through nondisclosure agreements, employee policies and restricted access procedures. Failing to address intellectual property concerns may inspire costly problems later. Some restaurant owners discover too late that another business already holds trademark rights to a similar name. Others face disputes with former employees, business partners or vendors regarding ownership of branding materials, recipes or creative content. For these and so many other reasons, it’s important for those running food-based businesses to understand that protecting intellectual property can help restaurant owners to preserve the identity, reputation and value they’ve worked so hard to build.

What is the role of a patent examiner?

2026-05-19T17:34:35Z

If you believe you have a novel invention, you may submit a patent application. This documentation will then be assigned to a patent examiner at the United States Patent and Trademark Office, or USPTO, who will take your case. In a general sense, the role of the patent examiner is to look at the application and decide whether or not it meets the legal requirements. For instance, a patent could be for a machine, a process, a composition or even a plant. So one of the first steps is for the patent examiner to determine if you have the right type of invention and if it is truly a novel idea, or if they believe it is something that has already been available to the public.

Responding to notices

As the patent examiner goes through this process, they may send certain notices to you on behalf of the USPTO. You can respond to these in writing. Additionally, if there are certain issues, it may be possible to schedule an interview. The examiner may want more information about your product, for example, to demonstrate why it is truly unique and deserves its own patent. It may be best for you to sit down with them in person and go over these details to support your case.

Working with your attorney

One important thing to note is that the patent examiner will likely work with either you or your attorney, but not both. This can streamline the communication process. If you hire a patent attorney, they can handle these communications and will then talk to you to discuss any requirements from the patent examiner or evidence that needs to be submitted. Obtaining the correct patent is an important step to take to protect your invention and potentially profit from it moving forward. Make sure you know exactly what legal steps you will need to take and how an experienced attorney can help you submit your application and work with the patent office.

Patent trolls: how businesses can respond to aggressive patent claims

2026-05-04T16:59:22Z

Innovation is a core driver of growth, particularly in industries such as technology, manufacturing and e-commerce. However, with innovation comes risk, including the growing threat of “patent trolls.” Understanding how to respond to these aggressive forms of patent enforcement is essential to protecting your company’s financial stability and long-term strategy.

What is a patent troll?

The term “patent troll” refers to a non-practicing entity (NPE). These are companies or individuals that own patents but don’t use those patents to manufacture products or provide services. Instead, they generate revenue by asserting patent rights against other businesses. Not all NPE activity is improper, but there could be concerns when the enforcement becomes aggressive, using methods such as:

Broad or vague infringement claims
Mass demand letters sent to multiple businesses
Litigation strategies designed to pressure for quick settlements

These tactics can place significant financial strain on targeted companies, particularly the costs of defending a lawsuit. Patent trolls often look for businesses that are likely to settle rather than engage in prolonged litigation, including:

Companies with a traceable and transparent revenue stream
Businesses using widely adopted technologies
Organizations lacking in-house legal resources

When faced with a patent demand or lawsuit, it’s essential to resist making a hasty response. Conduct an assessment to understand the scope of the claim, the patent’s validity and whether your products or services actually infringe upon the patent in question. Furthermore, not all patents are enforceable. Prior art, lack of novelty or issues related to the subject matter could call the patent’s validity into question. You can challenge the questionable patent through an inter partes review (IPR) with the United States Patent and Trademark Office, which is often a more cost-effective way to resolve the issue. However, it’s important to be prepared if the dispute proceeds to litigation. Fortunately, courts have increasingly scrutinized weak patent claims, which may allow you to seek early dismissal or limit your exposure. Patent trolls can be disruptive to your business, but with the right legal team and a strategic response, you may be able to successfully defend against unwarranted claims.

Intellectual property portfolio management

2026-04-17T17:00:31Z

A business should actively manage its intellectual property (IP) portfolio, including patents, trademarks, copyrights and trade secrets. IP portfolio management is an essential strategic practice for businesses, yet not all do it. Here is what to know about this process:

What is it?

IP portfolio management is the process of identifying, acquiring, protecting and optimizing a business’s patents, trademarks, copyrights, trade secrets and other intangible assets. Basically, it’s when a business:

Knows exactly what it owns
Files for new IP or buys existing IP from others
Confirms that no one is using its IP without permission
Renews registrations and updates ownership records
Finds opportunities to turn its IP into money
Ensures its IP aligns with business goals

It’s important for a business to do such management frequently to fully benefit from it.

Why do businesses do it?

IP portfolio management helps a business:

Maintain its competitive advantage by identifying and preventing infringement earlier
Build strong barriers to entry, making it difficult for competitors to mimic products or processes
Expands its market share by acquiring new rights
Mitigate risks by ensuring renewal fees are paid to prevent losing rights
Generate revenue by licensing or selling its rights to others
Removes assets that do not support the existing business goals
Cut costs by removing underperforming assets (those that do not generate revenue or protect a key product) to focus on high-value ones, since IP fees can be high, especially when maintaining a large portfolio

A business that does IP portfolio management can see higher profits and avoid legal trouble compared to one that overlooks the process. Some business owners avoid IP portfolio management until they are in a crisis. But this is not the best way to approach it. Learn more about how to protect your inventions and market share to avoid last-minute panics.

Trademark policing: A brand owner’s legal duty

2026-04-06T13:46:53Z

If you own a trademark, your job isn’t over once it’s registered. In fact, that’s when the real work begins. You must continuously monitor and enforce your trademark rights. This is what trademark policing is all about. It’s a legal duty, and if you ignore it, your brand could lose its legal protection. Trademark rights are based on use and distinctiveness, and courts expect trademark owners to enforce their rights consistently. If infringing uses go unchecked, your mark can become diluted or even generic over time.

What trademark policing looks like

Think of trademark policing as an ongoing, proactive process to detect and stop unauthorized use of your mark. This involves monitoring competitors, online marketplaces, domain names and even social media platforms for potential infringement. If someone is using a confusingly similar mark, it’s your responsibility to act. This may include sending cease-and-desist letters, pursuing legal action to enforce your rights or monitoring the USPTO database so you can identify and oppose conflicting trademark applications before they are approved.

Why it matters for Texas businesses

In a competitive market like Texas, brand identity is everything. Whether you’re a startup or an established company, your trademark is one of your most valuable assets. Policing it protects not just your legal rights, but your reputation and customer trust.

Protect what you’ve built

Your trademark is a business asset; treat it like one. If you’re unsure whether your brand is being infringed upon or whether your current monitoring strategy is legally sufficient, seeking professional legal guidance is in your best interests. Remember, every day you delay addressing infringement, the harder your legal case becomes. Courts look at whether you acted promptly, and sitting on your rights can be used against you.

What counts as trademark infringement?

2026-04-06T13:43:21Z

You’ve built your brand, the name, the logo and the look. So when someone else starts using something suspiciously similar, you want answers fast. But what does trademark infringement really mean under the law? Trademark law isn’t just about identical copies. It’s about confusion, and that’s where things get nuanced. Here’s what you need to know about trademark infringement.

It’s all about likelihood of confusion

As mentioned, trademark infringement comes down to confusion. Is an ordinary consumer likely to be confused about the source of the goods or services? If another business uses a name, logo or slogan that’s similar enough to make customers think there’s a connection, affiliation or endorsement, that can qualify as infringement. Courts typically evaluate factors like:

Similarity of the marks
Relatedness of the products or services
The strength of your trademark
Evidence of actual consumer confusion

For example, using a similar name in the same industry, even with a different logo, could still mislead customers. The same goes for mimicking brand colors, packaging or overall look and feel, known as trade dress.

What doesn’t count?

Not every use of your trademark is infringement. For instance, someone may reference your brand to compare products or describe compatibility without implying endorsement or affiliation. Fair use allows competitors to use descriptive terms honestly. However, such situations are highly fact-specific and the line between fair use and infringement can be thin.

Why acting quickly matters

Delays can cost you when it comes to protecting your trademark rights. Prolonged inaction may weaken your position or even result in abandonment of rights. The sooner you take action when you suspect infringement, the better. Reaching out for legal guidance can help you assess whether a use truly constitutes infringement, determine the appropriate enforcement strategy and protect your brand without getting into unnecessary legal battles.

3 things to consider if someone infringes on your trademark

2026-04-05T23:19:37Z

The decision to litigate against someone for using your trademark is not one to make lightly. Nonetheless, it is sometimes necessary to do so. The following three things can increase your chances of a successful resolution.

1. Ensure that there was trademark infringement

Business owners sometimes believe they have solid legal grounds to take action over the use of their trademark when, in fact, they don’t. One instance might be if you bought a company or took over control of it from someone else and just did not realize that the previous people in charge had licensed another party to use something for a specific purpose. Another example might be if the other party used a logo that seems identical to yours, but, on closer inspection, is different enough to likely be acceptable.

2. Gather evidence

Once the other party knows you intend to take them to court, they might be quick to remove or destroy any material that could be used as evidence. You’ll need evidence to show a court why your complaint is justified, so the sooner you start collecting it, the better. You should also make sure your search for evidence is thorough. The better the quality is, the stronger your case will be.

3. Consider the bigger picture

You’ve likely seen cases in the news where a large corporation threatens a small family enterprise over an alleged infringement on their trademark. While the corporation usually gets its way without even needing to go to court, that action can live long in the memories of many people. Those loyal to the family business might boycott the corporation’s products, and it might even make the press or TV news, doing great harm to the corporation’s image on a wider scale. Some trademark disputes can be settled relatively easily without going to court, but sometimes it is the only way. It is wise to seek legal guidance to explore all your options if you believe someone has infringed on your trademark.

3 ways to reduce the chances you’re accused of IP infringement

2026-04-05T03:32:34Z

Being accused of intellectual property (IP) infringement is going to make your life more complicated than it needs to be. While there is always the chance that someone could accuse you of an infringement even if you’ve done everything correctly, many claims occur because the alleged infringer was not as cautious as they could have been.

These three things can help you reduce the risk that another party accuses you of breaching their IP rights.

1. Check and check again

When you are excited about a new idea or product and utterly focused on making it a reality, it can be easy to skip over the appropriate checks. Maybe you did a cursory check, but the thought of someone else having the same idea seems outlandish. Or maybe you just checked within your industry and geographic area, and did not realize that someone in another state or a different line of business might have the same name or branding you came up with. Thorough checks are essential.

2. Put protocols in place

A young employee who has gone through college pulling information and visuals from the web and AI for their assignments might not give a thought to doing the same at work. You might find yourself facing an IP breach accusation over something done in the name of your company without your knowledge. Training all employees on the proper protocols regarding IP is critical.

3. Get experienced guidance

You have a company to run, and you probably do not have time to read up on all the laws regarding IP, especially now that AI and digital assets like NFTs are complicating matters further. Getting appropriate legal guidance early reduces the chance that you will need it to deal with an IP dispute later.