Trade Dress Infringement
Trade dress infringement claims under Lanham Act Section 43(a) protect product packaging, store design, and overall commercial image. The plaintiff must prove inherent or acquired distinctiveness and that the trade dress is not functional.
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.
Domain Name and Online Brand Dispute
Domain name disputes can be resolved through UDRP arbitration (faster, cheaper, domain transfer only) or federal ACPA litigation (slower, more expensive, but allows monetary damages). The facts of the registration and use determine which forum is better.
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.
Common Law Trademark Rights
Common law trademark rights arise from actual use of a mark in commerce and are limited to the geographic area of actual use. Against a federal registrant, common law rights provide only a defense in the area of prior use — not an affirmative right to expand.
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.
Work for Hire and Copyright Ownership Dispute
Copyright ownership disputes between clients and independent contractors frequently turn on whether a written work-for-hire agreement exists and whether the work falls within the statutory categories. Assignment is the backup — but it must also be in writing.
Trade Secret Misappropriation
Trade secret misappropriation claims under the federal Defend Trade Secrets Act and Texas Uniform Trade Secrets Act require proving the information was a trade secret, the owner took reasonable steps to maintain secrecy, and the defendant misappropriated it.
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.