Find Lawyers in Texas, United States for Trademark Law
Practice Area Overview
A mark is deemed protectable if it is distinctive, meaning that it is capable of identifying the source of a particular good. In determining whether a mark is distinctive, trademark law uses four separate classifications based on the relationship between the mark and the associated product: (1) arbitrary or fanciful (marks such as KODAK® and APPLE® that bear no inherent relationship to their associated products); (2) suggestive (marks such as COPPERTONE® that evoke a characteristic of the associated products); (3) descriptive (marks such as HOLIDAY INN® that directly describe a characteristic or feature of the associated products); or (4) generic (terms that describe the general category of the associated products, e.g., “phone,” “keyboard,” etc.). The first two categories of marks are protectable without proof that they have acquired distinctiveness in the minds of consumers, while descriptive marks require evidence that the consuming public has come to associate the term with its specific source. Generic terms are never protectable as trademarks, as they are necessary for general identification of a particular product category.
Once a trademark owner has acquired protectable rights in a mark, it may enforce its rights by preventing the use and/or registration of all subsequent infringing marks. The standard for infringement in the United States is “likelihood of confusion,” which means that consumers viewing the respective marks on their associated products are likely to be confused as to the source of those products or as to the sponsorship or approval of such products. In other words, determining infringement is not as simple as merely comparing the marks to see if they are identical; rather, courts will employ a multifactor test. While the precise factors vary slightly by jurisdiction, courts generally consider the following elements: (1) the strength of the plaintiff’s mark; (2) the relatedness of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of care exercised by the typical purchaser; (7) the defendant’s intent; and (8) the likelihood of expansion of the product lines.
Protecting and enforcing trademarks is critical to the success of any company. Trademarks allow consumers to distinguish a company’s products and services from those of its competitors, and also serve as indicators of the quality of such products and services. Indeed, many companies’ trademark portfolios constitute the majority of the value of their businesses. Please consult with an experienced trademark lawyer to explore how to best to protect your company’s trademarks.
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Named the 2012 Young Baylor Lawyer of the Year by Baylor Law School, Vincent Allen offers clients a background that is rarely seen among attorneys. He combines technical degrees in aviation and electrical engineering to provide clients with knowledgeable, effective, and efficient legal representation. Mr. Allen focuses his practice on intellectual property law and aviation law. He is responsible for rendering opinions, prosecuting patent and trademark applications, negotiating license agreeme...
Bill Barber has devoted his legal career to the field of trademark law, focusing primarily on trademark litigation and policing, handling cases in federal courts across the U.S. and before the U.S. Patent and Trademark Office. Experienced in all aspects of litigation, including jury and bench trials as well as appeals, Bill also handles domain name disputes through ICANN’s domain name dispute resolution policies. He regularly assists clients with a wide range of trademark needs, includi...
The combination of Colin Cahoon’s legal expertise with a distinguished career in the armed forces enables him to provide clients with smart, technical legal counsel. As a partner in the firm, Mr. Cahoon concentrates his practice in patent law. Mr. Cahoon focuses his patent law practice in the energy, telecommunications, aviation, manufacturing, food processing, and chemical technology industries. He counsels clients in licensing, technology-related transactional work, corporate mergers,...
Rodney Caldwell has practiced in the intellectual property field since 1970. His practice has been concentrated in the litigation of trademark and related intellectual property matters, alternative dispute resolution, and counseling, including advice on trademark licensing, franchising, and intellectual property/antitrust matters. He has represented large, mid-sized, and small business clients and has broad experience in litigation of trademark, trade secret, and related unfair competition ma...
As a founding partner, David Carstens is knowledgeable in all aspects of intellectual property including patents, trademarks, copyrights, and trade secrets. He brings a diverse technical, business, and legal background to develop effective strategies for clients. Mr. Carstens earned two technical degrees, a Bachelor of Science degree in Electrical Engineering from the University of Texas at Dallas and a Bachelor of Science degree in Mechanical Engineering from Texas A&M University. He hol...
Joe Cleveland has practiced in the area of commercial and intellectual property litigation for over 30 years. He has extensive trial and appellate experience representing entrepreneurs, inventors, and private and publicly-traded companies. His practice includes a broad range of complex commercial litigation involving patent, copyright, trademark, trade secrets, antitrust, contracts, employment, oil and gas, securities, and other commercial matters. He has tried cases in both state and federal...
Jerry Fellows prepares and implements intellectual property protection and enforcement strategies that help clients achieve their business goals. His practice includes acquiring and enforcing United States and foreign patent rights, particularly for alternative energy innovations, sustainable technologies, software, Internet, business methods, seismic detection systems, and electrical, mechanical, biomedical and electromechanical technologies. Jerry also has experience patenting material scie...
Ross Spencer Garsson has more than 20 years of experience practicing intellectual property and technology law. Ross focuses his practice on intellectual property litigation, patent prosecution, and intellectual property portfolio management in a variety of technology areas, including chemical, nanotechnology, semiconductor and computer technologies. Ross has litigated numerous intellectual property disputes in State and Federal District Courts, in the U.S. Court of Appeals, and at the U.S. In...
Herb Hammond represents clients in intellectual property matters. He focuses his practice on litigation, licensing, and counseling in patent, trademark, copyright, trade secret, computer, and entertainment matters. Herb also acts as an arbitrator, mediator, and expert witness in intellectual property and high-tech cases. Herb is the author of the Texas Intellectual Property Handbook (2d ed), a treatise published by Juris Publishing, Inc., covering trade secrets, trademarks, copyrights, unfair...
Jerry Harris’ practice covers a broad and complex range of intellectual property issues with a primary focus on patents and trademarks. His straightforward yet persuasive communication style is key to understanding what his clients want and helping them achieve their desired goals. With substantial experience representing both patentees and alleged infringers, Jerry possesses a unique perspective regarding IP litigation. He has also developed a significant trademark practice advising cl...
Steven Hartsell is a registered patent attorney and focuses his practice on patent infringement litigation, patent licensing, and inter partes review proceedings. He has represented clients in federal courts across the country in cases involving a variety of technologies, including semiconductors, distributed agent architectures, cellular phones, telecommunications, software anti-piracy, medical devices, DVD and television controls, and optical systems. Steven also has extensive experience re...
Steven Highlander’s practice focuses on portfolio management for universities, non-profits and small to mid-sized corporate clients. Preparation and filing of patent applications, as well as prosecution of these cases, makes up the bulk of his docket. He also has considerable opinion experience for patentability, validity, infringement and inventorship disputes. Dr. Highlander has also been involved in over 20 interference proceedings, including several garnering Federal Circuit review....
Wesley Hill has spent more than 20 years as a primary player in arguably the busiest complex litigation docket in the country - the Eastern District of Texas. Over those years, Mr. Hill made his reputation as an effective trial lawyer in more than 30 trials to verdict, earning fellowship in the American College of Trial Lawyers, Associate rank in the American Board of Trial Advocates, and numerous other legal industry accolades as evidence of his trial skills. To accumulate those trial number...
"Their expertise in their field is matched only by their enthusiasm to help us succeed in ours. Foresight, execution, responsiveness and success are hallmarks of our experience with Bill Hulsey and his team."- Dr. Charlie D., Rochester, NY to Bill Hulsey Patent Lawyer (2019) "Thank you all Sooo much! I can't imagine being on this journey with anyone else. I look forward to continuing to work with you all for years to come!"- Ian P., Austin, TX to Bill Hulsey Patent Lawyer (2018) "Mr. Hulsey i...
Jerry is a founding member of Matheson Keys & Kordzik PLLC. Previously, Jerry had more than thirty years of legal experience with large law firms and as company general counsel. He has broad experience in representing technology, industrial and other intellectual property-based enterprises ranging from Fortune 500 companies, multinationals and universities to startups in both domestic and international matters. Jerry’s legal practice focuses on technology business, intellectual prop...
Chris Kindel has focused his practice on intellectual property trademark and copyright matters since he began his legal career in 2001. His experience crosses a wide range of industries including consumer and luxury goods, retail sales, hotel services, music and entertainment, pharmaceuticals, software, financial and consulting services and information technologies industries. Chris has particular expertise assisting clients on trademark and copyright licensing and transactional matters, rang...
Wendy Larson practices trademark law with a focus on litigation. She specializes in issues particular to the internet, including cybersquatting and brand protection challenges involving social media platforms and smartphone applications, keyword advertising, service provider liability, and personal jurisdiction relating to foreign online actors. She practices in federal court, before the Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB), and with dispute resolution s...
Dwayne L. Mason serves as the head of the Texas Intellectual Property Litigation Practice. Dwayne’s practice focuses on patent, trademark, copyright, trade secret, and technology-based commercial litigation. Dwayne also manages patent and trademark portfolios and assists companies in protecting and commercializing their intellectual property, including many transactional matters in the technology, media, life sciences, energy, and natural resources industries. Dwayne has litigated numer...
Jered Matthysse specializes in trademark law with a primary focus on litigation and policing, frequently handling cases in federal courts throughout the U.S. and before the U.S. Patent and Trademark Office Trademark Trial and Appeal Board. Jered has extensive experience in mediation and regularly assists clients with trademark policing strategies and programs. Jered has a background in appellate practice, having served as a law clerk for the U.S. Court of Appeals for the Seventh Circuit. Jere...
Kevin J. Meek focuses his practice on patent litigation, prosecution and licensing. He is the managing partner of the Firm’s Austin office. Kevin has extensive experience litigating disputes involving intellectual property rights in a wide variety of advanced technologies in federal courts across the country, in the International Trade Commission and in post-grant proceedings before the US Patent and Trademark Office. Read full biography: https://www.mwe.com/people/kevin-j-meek/
Steve Meleen has specialized in trademark law since he began his career with Arnold White & Durkee in 1996. Steve handles all aspects of trademark and unfair competition law, and primarily focuses on trademark litigation. He is also experienced in copyright counseling and litigation. Steve has been actively involved in internet developments and policies affecting trademark owners, and devotes a significant portion of his practice to internet-related trademark issues. He has served as Chai...
William (Bill) Munck is the managing partner of Munck Wilson Mandala. He is a member of the executive committee and chairs the firm’s intellectual property group. Bill brings 30+ years of experience counseling clients regarding the development of offensive and defensive intellectual property portfolios. His technical expertise is in the hardware, software, firmware, gaming, wired/wireless communication, energy, defense, and medical device/healthcare fields. Bill is known as an attorney ...
AREAS OF CONCENTRATION Intellectual Property and Technology Litigation Licensing Prosecution Biotechnology EXPERIENCE Dr. David Parker plays both offense and defense when protecting clients’ intellectual property assets. Dr. Parker places a premium on the strategy and management of intellectual property portfolios. From the moment of innovation to the ultimate marketplace, Dr. Parker maps out a course designed not only to provide protection for future manufacturing and marketing, but al...
Lou Pirkey is a founding partner of trademark specialty firm Pirkey Barber. Lou Pirkey has specialized in trademark law, primarily trademark infringement litigation and counseling, for well over 40 years, and is one of America’s most highly recognized authorities in the field. He was heralded as "legend of the field" in the 2014 World Trademark Review 1000 ind in 2012 as a "a groundbreaking trademark lawyer undoubtedly practicing at the highest level.” Chambers USA guide to Americ...
Margaret J. Sampson, PhD, focuses her practice on global, strategic intellectual property transactions and patent counseling surrounding the areas of life sciences, pharmaceuticals, research tools and medical devices. Life sciences and technology clients turn to her for evaluating, structuring, negotiating and documenting major transactions. Read full biography: https://www.mwe.com/people/margaret-j-sampson-phd/
Brian E. Simmons focuses on all facets of intellectual property law, including patent and trade secret litigation; patent counseling; due diligence investigations for investments, acquisitions, and divestitures; technology transfers, joint developments, and other research agreements; licenses; transactions involving IP; and risk consulting. Mr. Simmons has represented clients in a variety of matters in the chemical arts after serving as a senior research chemist prior to practicing law. His e...
Bruce Sostek is Co-Chair of Thompson & Knight's Intellectual Property Practice. He focuses his practice on intellectual property, complex commercial litigation, technology, and business counseling, primarily in the areas of computer hardware, software, telecommunications, the Internet, sports, media, and entertainment law. He has tried cases involving patent, trademark, or copyright infringement; theft of trade secrets; unfair competition; and other intellectual property concerns in feder...
For more than 25 years, Shannon Vale has specialized in trademark and copyright law, intellectual property transactions and due diligence, and right of publicity law. Prior to joining Pirkey Barber, Shannon was a Trademark partner in the Austin office of Fulbright & Jaworski and a shareholder in Arnold, White & Durkee. Shannon also spent five years as the head of personal management firms that directed the careers of major label and major independent label recording artists based in t...
David E. Warden is an internationally recognized expert in business litigation and arbitration, including patents and other intellectual property. He is a lawyer, arbitrator, engineer, adjunct professor, published author, and businessman. Mr. Warden has tried many healthcare, energy, securities, and intellectual property business lawsuits for individual clients and entities, as well as mass actions and class actions, and is licensed as a patent attorney before the U.S. Patent & Trademark ...
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