What Are Intellectual Property Disputes?
A company's brand, software, designs and content are often its most valuable assets. When ownership is unclear or another party uses them without permission, the business can lose revenue, market position and customer trust.
Common IP Disputes Involving Texas Businesses
- Trademark infringement and confusingly similar brand names
- Copyright infringement of software, content or designs
- Disputes over who owns IP created by founders or employees
- Contractors claiming ownership of work they created
- Licensing and royalty disputes
- Domain name and social media account disputes
- Departing partners using company branding or products
Who Owns Intellectual Property Created for a Business?
Ownership depends on the facts and the paperwork. Work created by employees within the scope of employment is often owned by the employer, but work by independent contractors may belong to the contractor unless a written assignment or work-for-hire agreement says otherwise. Founders who created IP before forming the company may still own it if it was never assigned. Clear assignment agreements prevent many disputes.
Federal and Texas IP Law
Trademarks are protected under federal law and through Texas state registration. Copyrights are governed by federal law. Many IP disputes also include state-law claims, such as breach of contract, unfair competition and trade secret misappropriation, which allows cases to proceed in state or federal court depending on the claims.
Remedies in IP Disputes
- Injunctions to stop infringing use
- Damages and lost profits
- Disgorgement of the infringer's profits
- Declaratory judgment on ownership
- Transfer of domain names and accounts
- Attorney's fees in qualifying cases
Protecting Your Business IP Going Forward
After a dispute, we help businesses tighten protection with founder and employee IP assignment agreements, contractor agreements with clear ownership terms, trademark registrations for key brands and confidentiality policies for sensitive materials. These steps reduce future disputes and increase company value in financing or a sale.
IP Dispute Attorneys Serving Dallas and Texas
We represent businesses in Dallas, Fort Worth, Plano, Frisco, Houston, Austin and San Antonio. Schedule a free consultation or call 214-935-1628.
Intellectual Property Disputes: Frequently Asked Questions
Does my business own software built by a contractor?
Not automatically. Without a written assignment or qualifying work-for-hire agreement, the contractor may own the copyright.
Can a former partner keep using our business name?
Usually not if the company owns the trademark. Rights depend on registration, use and any separation agreement.
Do I need a registered trademark to sue?
No. Unregistered marks can be protected based on use, though federal registration provides stronger rights and remedies.
Can IP disputes be resolved without litigation?
Yes. Many settle through cease-and-desist letters, licensing agreements or assignment of rights.
What should I do if someone is copying my brand?
Document the use, preserve evidence and speak with counsel before contacting the other party, so you protect your rights.