When trademark disputes get settled

On Behalf of | Dec 1, 2021 | Intellectual Property

Technically, intellectual property in Texas belongs to the person who registers it. Legally, intellectual property belongs to the person who created it. That person could be an employer if the creator, instead, was commissioned to create the original work. Disputes that arise due to intellectual property include those concerning copyrights, patents or trademarks. Many of the largest trademark disputes get settled outside of court with a privately transacted settlement.

Search a public database for copies

Before finalizing any trademark, your intellectual property has to be compared to trademarks within a public database. Being transparent in this process ensures that your concept is original and that you have time to negotiate. Using the image, brand or slogan of another business isn’t illegal if you obtain usage rights. Public databases will tell you who owns which trademarks.

When the owner files a complaint

Using someone’s intellectual property without permission may be accidental, but the registered owner can still sue for damages. The owner may have filed a complaint because the infringer never found his or her concept to match a registered claim. These complaints are an ideal time for an infringer to state his or her case and even enter a settlement for usage rights. The infringer may even be free of charges as long as he or she no longer infringes on the property of the other.

Intellectual property in Texas

Intellectual property is simple if you just register your claims with transparency. It’s not always the intention of an infringer to use intellectual property that turns out to be already owned. The original creator of IP and the entity using it both have the right to argue their case in court.