Keith Law PLLC Podcast – Keith Law, PLLC

The Basic Differences Between Trademarks, Copyrights, Patents, & Trade Secrets

It’s very common for non-lawyers (as well as lawyers who don’t focus their law practices on intellectual property) to mix up the different types of intellectual property—trademarks, copyrights, patents, and trade secrets. The purpose of this post is to provide the basic differences between trademarks (designed to identify the source of goods or services and avoid consumer confusion), copyrights (designed to protect creative expressive works), patents (designed to grant a limited monopoly for use of inventions and processes in exchange for public disclosure), and trade secrets (aimed to protect business secrets that provide a competitive advantage so long as reasonable measures are taken to maintain the secrets).

Texas Noncompete Enforceability

Keith Law PLLC Podcast, Trade Secret

This post and related podcast episode covers what is required for a noncompete to be enforceable under Texas law.

What is a Contract?

Business Disputes, Keith Law PLLC Podcast

This week, I thought about delving into a specific type of contract. But then, I figured it might make more sense to first go over the basics of what a contract actually is.

Explaining Statutes of Limitation

Business Disputes, Keith Law PLLC Podcast

A statute of limitations establishes a time limit for a plaintiff to file a lawsuit based on a particular cause of action. In this post, Jason outlines the questions that must be analyzed to determine whether a claim might be time-barred.

Explaining “Unclean Hands,” a Third Equitable Defense to Trademark Infringement

Keith Law PLLC Podcast, Trademark

Another of the equitable defenses is called “unclean hands.” Although I mentioned the word in previous blog posts, it might be helpful to explain what it means in more detail. So, in this blog post, I’ll try to describe the concept of unclean hands in more detail.

Trade Secrets and Former Employees—Effect of No Written Agreement

Keith Law PLLC Podcast, Trade Secret

This post and related podcast episode are aimed at answering the question of how protected a company’s trade secrets are in the absence of a confidentiality agreement, if at all.

Forming an Entity Does Not Protect Your Trademark

Keith Law PLLC Podcast, Trademark

I often hear business owners say that they they would eventually like to register their trademarks, but that they’re already protected because they have a filing entity or assumed name registered with the Texas Secretary of State. This is not true.

Explaining “Acquiescence,” Another Equitable Defense to Trademark Infringement

Keith Law PLLC Podcast, Trademark

Another of the equitable defenses to trademark infringement is called “acquiescence,” and in this brief blog post and podcast episode, I will go over the elements of this defense to a trademark infringement claim.

Update: Effect of Noncompliant Defamation Mitigation Act Request for Correction or Retraction

Keith Law PLLC Podcast, Reputation

In Episode 6 of the Keith Law PLLC Podcast, I covered how a business can handle negative online reviews that are false. During that, I discussed the Texas Defamation Mitigation Act (DMA) and it’s requirement that the defamed business or person send a demand for retraction or correction to the accused defamer. In that episode, I mentioned that there was some uncertainty about the effect of failure to send the demand—whether it would prevent the lawsuit from concluding or would only prevent a plaintiff from recovering exemplary (punitive) damages. This month the Texas Supreme Court issued its opinion in Hogan v. Zoanni aiming to answer this question.

McDonalds Ice Cream Machine Drama

Business Disputes, Keith Law PLLC Podcast, Trade Secret

In this blog post and podcast episode I explain the unfolding drama pertaining to the notoriously unreliable ice cream machines at McDonald’s restaurants and the lawsuit recently filed by Kytch, a company that developed technology aimed at solving these ice cream problems.

What is Fiduciary Duty?

Business Disputes, Keith Law PLLC Podcast

During a recent podcast episode I mentioned the term fiduciary duty and a listener followed up asking what it is. It’s a good question and one that takes some thought for a lawyer to translate from “legalese” because we have been so deeply exposed to the concept that it becomes challenging to clearly describe. But here in this blog post and podcast episode I’ll try.

How to Maintain Your Registered Trademark

Keith Law PLLC Podcast, Trademark

Congratulations for registering your trademark with the US Patent and Trademark Office! But, your USPTO journey is not over. After you get a trademark registration you have to do a few things to prevent the USPTO from cancelling the registration.

What is Trade Secret Misappropriation and a Real World Example

Business Disputes, Keith Law PLLC Podcast, Trade Secret

This post and podcast episode covers what trade secret misappropriation is, along with a real world example.

What is a Trade Secret?

Keith Law PLLC Podcast, Trade Secret

In this post and podcast episode I discuss a lot about what is (and is not) a trade secret and a little about how to protect this important type of intellectual property.

Why Conduct Business Through an Entity?

Business Disputes, Keith Law PLLC Podcast

A “filing entity” can be a corporation, LLC (limited liability company), or other corporate form that serves as a liability veil, shield, or forcefield between claims of folks who interact with the business and the individuals who own and run the business.

Explaining “Laches,” an Equitable Defense to Trademark Infringement

Keith Law PLLC Podcast, Trademark

In this episode, I’ll try to describe the concept of “laches” in more detail.

Properly Signing a Business Contract

Business Disputes, Keith Law PLLC Podcast

Once you have your entity set up, you are on the right track toward protecting your personal assets from business claims. Don’t undermine your risk management by improperly signing business contracts.

Dealing With Negative Online Reviews

Keith Law PLLC Podcast, Reputation

It’s common for many businesses to live and die by their online reviews. If you do enough business, there’s a chance you will eventually run into someone who wants to damage your business reputation by posting negative online reviews. If the review is true, or merely opinion, freedom of speech will probably override any steps you can take to force the removal of the review unless the person posting has promised, in an enforceable contract, to never publish anything about your business. Otherwise, you have some tools in your toolbox to protect your online reputation by forcing the removal of negative reviews.

Texas Justice Courts—Do It Yourself!

Business Disputes, Keith Law PLLC Podcast

It often makes sense to pursue your own claim in JP Court (also referred to as Justice Court and Small Claims Court).

Prompt Payment of Contractors in Texas

Business Disputes, Keith Law PLLC Podcast

You performed work on a private construction project in Texas and you’re wondering how long until you receive payment. In Texas, chapter 28 of the Property Code governs this situation. It’s called Prompt Payment to Contractors and Subcontractors. It regulates the time limits and interest penalties on all private construction projects within the state.

Commercial Landlord’s Disposal of Former Tenant’s Property

Business Disputes, Keith Law PLLC Podcast

Your commercial tenant abandoned the building; then you sold the building which was demolished by the buyer. Although you sent the required certified mail to your former tenant advising that the remaining property would be disposed of, you no longer have proof that you sent the certified mail. Now the tenant pops up claiming you wrongfully disposed of their property and that they are going to sue you if you don’t pay.

So, Should You Pay?

Arbitration Award Confirmation in Texas

Business Disputes, Keith Law PLLC Podcast

Your customer failed to pay so you pursued the arbitration and obtained an arbitration award. Congratulations! Unfortunately, the debtor has refused or failed to pay the award.

Practical Trademark Protection

Keith Law PLLC Podcast, Trademark

If I own a bar, restaurant, or coffee shop what can I do if a former or current employee hosts a “reunion” party at a competitor’s establishment aimed at current and former employees and customers?

Welcome to the Keith Law, PLLC Podcast!

Firm Info, Keith Law PLLC Podcast

This “episode 0” introduces the podcast, the firm, my background, opinions about litigation and settling business disputes, and business focus on creating value, making money, and protecting its intellectual property (trademarks and trade secrets), and how to contact me.