The core of Crain Caton & James’s intellectual property (IP) practice is dedication to the protection of the efforts of our clients to create and to compete fairly in the marketplace.
Our Houston IP attorneys focus on safeguarding the investments made in intellectual property and defending against unjustified claims from competitors attempting to displace clients from their markets.
Clients seek the expertise of our Intellectual Property Practice Group to address issues of IP ownership, whether arising from employment or independent contractor relationships, or related to business transactions. This often involves the necessary steps to secure legal protections for that intellectual property—a process commonly referred to as “prosecution.”
When disputes arise, or when administrative challenges need to be met, our Intellectual Property Practice Group assembles the necessary team to address the client’s specific needs. Our attorneys are committed to developing comprehensive strategies to secure and protect new technologies, as well as the goodwill associated with our clients’ brands. This includes obtaining and enforcing patents, trademarks, and copyrights, safeguarding trade secrets, and addressing false advertising claims.
Why Do Intellectual Property Clients Choose Us?
Clients place their trust in Crain Caton & James to protect their business IP throughout its development, whether domestically or globally.
We offer the full range of intellectual property legal assessments, such as patentability opinions, trademark clearance opinions, infringement opinions, non-infringement opinions, invalidity opinions, title opinions, and freedom to operate opinions.
We manage patent, trademark, and copyright applications, guiding them to issuance both in the United States and internationally, through a network of trusted foreign associates. We also handle transactions involving IP licensing, mergers, acquisitions, employment agreements, and non-compete agreements.
In litigation matters, our experienced IP attorneys are prepared to handle several high-stakes, “bet the company” cases related to:
- Patent
- Trademark
- Trade Secret
- Copyright Trails
- Appeals
Where intellectual property is part of a broader matter, we work in collaboration with other practice groups to ensure that all aspects of the client’s needs are addressed. This includes working with the Employment and Labor Law Practice Group to resolve employment-related issues, partnering with the Corporate Practice Group on the IP components of larger transactions and projects, and supporting the Commercial Litigation group when IP issues arise in the context of broader litigation.
Additionally, this includes ensuring that clients can lawfully practice their inventions, enforce patent rights, and foster fair competition in the marketplace—particularly by deterring improper actions by competitors. These joint efforts may also include steps to protect trade secrets, guard against overly broad claims made by competitors, and address issues of copyright protection.
In situations where IP assets are part of an estate—whether in a marital, individual, or probate estate—our Intellectual Property Practice Group collaborates with the Family Law Group, Estate, Trust and Wealth Planning Group, and Probate, Trust and Guardianship Group to ensure comprehensive legal representation
Above all, Crain Caton & James is dedicated to protecting what our clients create—so they can compete, grow, and succeed. Connect with our team of experienced IP attorneys in Houston today.
The Need for Annual Trademark Registration Review – Annual Checklist
For most businesses, an annual review of the extent of use of its federally-registered trademark can reduce the opportunity for third parties to challenge the registration, can ensure support for needed maintenance filings showing use, can identify when new registrations are needed in light of changes to product and service offerings, and can avoid challenges resulting from a rebrand. For an annual checklist, click here: Annual Checklist – Registered Trademark
The Need for Annual Trade Secrets Review- Annual Checklist
Ensuring proper protection of corporate confidential information, its trade secrets mean emphasizing the need for strong protocols to safeguard confidential information, closely monitor departing employees, restrict and revoke system access, detect mass downloads, and require separation agreements upon termination. For an initial checklist of trade secret protection practices, click here: Annual Checklist – Trade Secrets
The Need for Annual Utility Patent Review- Annual Checklist
An annual review for several elements related to patentable and patented inventions (utility patents). These patent requirements and actions can avoid costly surprises later, click here: Annual Checklist – Patent Review
The Need for Annual Unregistered Trademarks Review- Annual Checklist
An annual review for several several elements related to trademarks not registered in a state, federal, or foreign system. These requirements and actions can avoid costly surprises later, click here: Annual Checklist – Unregistered Trademarks
Copyright Protection
In this educational video, Jim Hudson discussed copyright protection for creative works. He states that registration is beneficial for asserting infringement in federal court, especially for seeking relief such statutory damages and attorney’s fees, where timely registration is critical. Copyright protection extends to various forms of artistic expression, including software code and drawings. Businesses should consider registration of those original works due to the potential for revenue and the low cost of registration.
Areas of Focus
- Appeal of Judgments Regarding Intellectual Property
- Copyright Litigation
- Cybersquatting Litigation
- False Advertising Litigation
- Foreign Patent Prosecution
- Foreign Trademark Prosecution
- Intellectual Property Assets in Family Hands
- Intellectual Property in Corporate Agreements
- Intellectual Property in Mergers & Acquisitions
- Intellectual Property Ownership from Employees & Independent Contractors
- Litigation With Intellectual Property
- Patent Administrative Challenges
- Patent Litigation
- State Trademark Prosecution
- Trade Secret Litigation
- Trade Secret Protection
- Trademark Administrative Challenges
- Trademark Litigation
- U.S. Copyright Protection
- U.S. Patent Prosecution
- U.S. Trademark Prosecution
