As part of our Intellectual Property Litigation practice, we provide misappropriation litigation services.
We represent plaintiffs and defendants in misappropriation litigation in federal and state courts. We handle all types of misappropriation law issues, including common law, trade secret, and rights of publicity.
What is Misappropriation?
Misappropriation is generally the taking or using of something belonging to someone else. It can include trade secrets, ideas, or names and likeness. Misappropriation results in some sort of harm, whether financial or otherwise, giving rise to misappropriation litigation as legal recourse.
Texas law recognizes a variety of unfair competition sometimes referred to as “common law misappropriation". Common law misappropriation typically involves the creation by the plaintiff of a product through extensive time, labor, skill, and money, and the use of that product by the defendant in competition with the plaintiff giving the defendant a special competitive advantage.
In 2013, Texas Uniform Trade Secrets Act (TUTSA) giving rise to statutory claims. Businesses should consult experienced legal counsel with an understanding of misappropriation law to assist with misappropriation litigation lawsuits in Texas.
Trade Secret Misappropriation / Idea Misappropriation
Misappropriation of trade secrets is a form of unfair competition. It occurs when someone else improperly discloses or uses confidential information. Because of the confidential nature of the information, it can be important to act quickly to protect trade secrets and other proprietary rights. Our IP trial lawyers can assist with steps to seek injunctive relief, which is available when a company or individual suffers irreparable harm.
Misappropriation of Name and Likeness / Rights of Publicity
Misappropriation of name and likeness is sometimes referred to as the “right of publicity." Based on rights of privacy, this type of misappropriation protects an individual against use of his/her name or likeness by a third party. Claims for misappropriation can often involve a person’s reputation.
Local Counsel for Misappropriation Litigation Matters
We also act as local counsel for out-of-state plaintiffs and defendants involved in misappropriation litigation in state and federal courts in Texas. See our Local Counsel page for more information regarding our services.