Terminating Deed Restrictions — When Homeowners Vote to Remove Them
Texas Property Code Section 202.004 provides a mechanism for property owners to terminate deed restrictions by vote. The required vote threshold, notice procedures, and recording requirements must all be followed precisely for the termination to be valid and enforceable.
Declaratory Judgment Against HOA — Challenging Restriction Validity
Declaratory judgment actions under Chapter 37 of the Texas Civil Practice & Remedies Code allow homeowners to proactively challenge the validity of deed restrictions. A successful declaratory judgment can resolve the question for all homeowners in the community — not just the plaintiff.
Pre-Suit Notice in Texas HOA Cases — Section 209.007
Section 209.007 of the Texas Property Code imposes pre-suit notice requirements for certain HOA-related claims. Understanding when this requirement applies — and what the notice must contain — is essential to preserving your right to bring the claim.
Attorney Fee Shifting in Texas HOA Disputes — Section 209.008
Section 209.008 of the Texas Property Code provides for attorney’s fee recovery in certain HOA enforcement actions. The fee-shifting provision applies differently to the association and the homeowner — and the procedural steps you take before litigation affect your eligibility.
DMCA Takedown and Counter-Notice
The DMCA takedown and counter-notice process under 17 U.S.C. § 512 creates a structured dispute resolution system. A counter-notice requires the platform to restore content unless the complainant files a federal lawsuit within 10-14 business days.
Customs Recordation — CBP Brand Protection
CBP recordation of U.S. trademark registrations and copyright registrations authorizes U.S. Customs and Border Protection to detain and seize imported goods that bear counterfeit or infringing marks. The program is free and applies automatically once recorded.
WIPO and EUIPO Proceedings
European Union trademark (EUTM) registration through the EUIPO covers all EU member states. Opposition and cancellation proceedings before the EUIPO follow procedures similar to TTAB proceedings. WIPO UDRP proceedings address domain name cybersquatting internationally.
Madrid Protocol International Filing
Madrid Protocol international trademark registration uses WIPO as a central filing hub. The international registration depends on the U.S. base application or registration for its first five years — a vulnerability known as central attack.
Texas State Trademark Registration
Texas state trademark registration with the Secretary of State provides limited protection within Texas. It does not create nationwide priority and does not provide access to federal court or Customs recordation. Federal registration is superior in nearly every respect.
TTAB Motion Practice
TTAB proceedings involve motions to compel, summary judgment, motions to suspend, and default motions. The Board’s Trademark Trial and Appeal Board Manual of Procedure (TBMP) governs procedure alongside the applicable CFR provisions.