Unfair Competition includes several areas of the law meant to protect against others engaging in competition against your business unfairly. It can be through trademark infringement, misappropriation of trade secrets, fraud, false advertising and other business torts. Texas Deceptive Trade Practices Act, Common Law and Federal laws are often the legal basis to bring action. We often seek an injunction to immediately stop this unfair competition while litigation proceeds. You may be able to recover damages and if eligible, attorney’s fees and costs through litigation. Contact us now to review your claims of Unfair Competition, or help defend you against allegations of Unfair Competition.

We represent businesses and employees in trade secret misappropriation litigation and trial. Trade secrets are generally proprietary rights that businesses endeavor to keep secret. Businesses often require that employees and contractors enter into Confidentiality or Non-Solicitation Agreements to protect confidential information, including trade secrets. Let our trade secrets attorneys develop strategies to help you protect valuable trade secrets before they are revealed to a third-party. Contact us to see how we may help you protect your trade secrets or defend against allegations of trade secret misappropriation.

We advise clients on the relevant issues surrounding the acquisition of trademarks, copyrights, trade secrets and proprietary data, whether through license or assignment agreement.  WB Mills will help your company negotiate terms of agreement that may help avoid difficulties that are not easily ascertained in advance.  While any decision to proceed with any agreement is the client’s business decision, clients benefit from understanding the facts and the law at issue when arriving at such important and potentially risky decisions. Contact us to get your intellectual property licensing and assignments on steady ground to help avoid future pitfalls.

We handle complex business disputes including trademark infringement and copyright infringement, breach of contract, breach of fiduciary duty, tortious interference with a contract and/or business relation, defamation, unfair competition, misappropriation of trade secrets, fraud and matters arising under the Texas Business Opportunities Act. We will help you understand your options in litigation and trial, whether you are the Plaintiff and wish to file a lawsuit or you are the Defendant and have been sued or have received a cease and desist letter. Contact us to see how a trademark infringement attorney or copyright infringement attorney can help you.

Our trademark attorneys work closely with clients to develop strategies that protect and maximize the value of their brand or trademark including registration, litigation, licensing and representation before the United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB). Trademarks and service marks (“mark”) generally include words, logos, symbols, designs and slogans. We help clients file applications and work with the USPTO to register their marks. Once businesses invest time and money into developing a mark, businesses must protect that trademark through litigation or other proceeding to avoid the likelihood of confusion and loss of goodwill.

Additionally, the trademark attorney can help to address grievances before the USPTO TTAB. Clients come to us for numerous reasons, including to defend their mark or defend against an unfair monopoly being granted to another party. We advise clients on whether to oppose a registration application, move to cancel a registered trademark, appeal a final office action or TTAB Order, and seek concurrent use or an assignment. Further, when clients are faced with defending against a Petition to Cancel or Opposition to Registration of a Trademark, we work with clients to develop effective defensive and counterclaim strategies.  Contact us to see how we can help you.

Our trademark attorneys have experience with the following:

  • Trademark Litigation including trial
  • Cancellation and Opposition Proceedings before the USPTO TTAB
  • Filing applications to obtain registrations from the USPTO
  • Responding to USPTO Office Actions
  • Domain name disputes
  • Domain name strategy counseling and protection
  • Assignments and due diligence
  • Trademark and trade dress counseling
  • Licensing strategies

Trademark Infringement

We know how frustrating it can be for clients to develop their brand or trademark only to have another business cause confusion in the marketplace by using a name or logo that is confusingly similar to their trademark. Our firm is experienced with trademark infringement matters and helps clients make sense out of the complexities of law to guide them through the litigation process and resolve the matter at trial, settlement or other means of resolution. 

We also know how frustrating it can be for clients to be sued or receive a letter demanding that they cease and desist from infringing a trademark when they have used the mark in fair use or the mark at issue (even if registered) is generic and cannot be protected. There are several exceptions and defenses to allegations of trademark infringement, which we examine carefully with each of our clients.  We are here to help clients understand what action they can take to defend their business against these allegations or work to settle the matter in a manner that is most advantageous to them.  Contact one of our experienced trademark attorneys to discuss the facts of your case.

Trade Dress

We help clients protect their Trade Dress rights and defend against allegations of Trade Dress infringement under Trademark Law and Unfair Competition laws.  We can also help clients seek registration of their Trade Dress with the USPTO. Trade Dress law includes a complex set of rights associated with the promotion of a business, its goods or services. This may include, among other things, the distinctive look of advertising, colors and configurations of a building, or signage. Contact us to see how we may help you.

Trademark Registration

WB Mills conducts searches for potentially confusing Marks and files trademark applications with the USPTO. We analyze the strength or weakness of the proposed Mark and work with clients to seek registration of their trademarks. Additionally, clients come to us to help them overcome refusal to register Office Actions issued by the USPTO. Our clients are smart business people, but do not have the time or background to fully comprehend the issues that may arise during any trademark application proceeding. We are here to help simplify matters for our clients.

Trademark Trial and Appeal Board Proceedings

We represent clients in administrative proceedings before the USPTO TTAB.  WB Mills assists clients who seek to oppose the registration of a pending trademark, cancel a registered trademark or use trademarks concurrently. We also represent clients against petitions to cancel and oppose trademark registration. Call us to see how we can help you.

Our copyright attorneys will help you understand your rights under the U.S. Copyright Act or defend against allegations of Infringement. Copyright registration protects the author or owner of a creative work from unauthorized use or copying of said creative work “including literary, dramatic, musical, artistic, and certain other intellectual works.” See U.S. Copyright Office FAQ. These “certain other intellectual works” include for example, software source code, website content, textile design, advertising, photographs, paintings and musical recordings. Registration of a Copyright is an important first step to protecting against infringement allegations. There are several advantages to registering a copyright early. Contact us to discuss how we may help you to protect your copyrights or defend you against allegations of copyright infringement.

Our copyright attorneys assist clients with the following issues relating to copyright law:

  • Copyright Infringement Litigation
  • Copyright Licensing
  • Copyright Registration

We represent businesses, entrepreneurs and artrists in copyright litigation to enforce their rights under the U.S. Copyright Act. We also represent businesses, entrepreneurs and artrists who have been sued or have received a letter demanding that they cease and desist from using an alleged copyrighted Work. There are several defenses that a defendant may raise against allegations of copyright infringement, including without limitation, fair use, independent creation and equitable defenses.  Copyright law can be complex and as such, we spend time working with our clients to simplify matters by discussing expectations and developing strategies to work toward achieving the desired result. Contact us to see how a copyright infringement attorney can help you.

Copyrighted Works may be licensed for third-party use by agreement. With respect to various forms of recordings, including video and sound recordings, there are several types of statutory licenses that may be required. We advise clients to determine which type of license is applicable or is most beneficial based on the facts of the particular matter. Contact us to see how we can help you.

Copyright Registration

There are numerous advantages to registering a copyright right away including, the right to seek Attorney Fees and obtain Statutory Damages. Further, a copyright must be registered with the U.S. Copyright Office to file suit for copyright infringement. Contact one of our attorneys to discuss.

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