MISAPPROPRIATON OF LIKENESS & INVASION OF PRIVACY LITIGATION ATTORNEYS, Dallas, Texas.

Our industry-experienced litigation attorneys prosecute and defend misappropriation cases in federal and state courts, including invasion of privacy and rights of publicity.

MISAPPROPRIATION LITIGATION SERVICES

What is Misappropriation?

Misappropriation is the literal taking of something that does not belong to you, including money, trade secrets, name, likeness, and other assets.  The act of misappropriation deprives the rightful owner of his or her identity, money, ideas or property. It is the purpose of the law to provide legal redress for such wrongs.  Misappropriation encompasses a broad category of litigation.


Misappropriation of Trade Secrets

The Texas Uniform Trade Secrets Act defines a "Trade Secret" as most all forms and types of information (see Trade Secret Litigation for an expanded list of items that qualify as a trade secret) provided that the owner has done the following: 

 

  • the owner of the trade secret has taken reasonable measures to keep the trade information secret; 

 

  • the information derives independent economic value, actual or potential, from not being generally known to the public; and 

 

  • the trade information is not readily accessible through other legal means.

 

It is important to act quickly if you believe your trade secret has been misappropriated because once a trade secret becomes public, its status as a trade secret may be lost forever.  If you have suffered irreparable harm, our lawyers can assist you in seeking immediate injunctive relief.


Name and Likeness Misappropriation & Invasion of Privacy

The misappropriation of name and likeness occurs when your name, voice, or identity is taken or used without your permission. One who appropriates for his own use or benefits the name or likeness of another is subject to liability for invasion of privacy. The three elements of invasion of privacy by misappropriation are as follows:

 

  • The defendant appropriated the plaintiff's name or likeness for the value associated with it; 

 

  • The plaintiff can be identified from the publication; and 

 

  • There was some advantage or benefit to the defendant.

 

Liability for invasion of privacy arises only when the defendant appropriates for his own benefit the commercial standing, reputation, or other values associated with the plaintiff's name or likeness.


Dallas Misappropriation Litigation Lawyers

Our Dallas misappropriation and invasion of privacy litigation attorneys have earned a reputation for aggressive, responsive, efficient, and most importantly, successful litigation. While we are prepared to take every case to trial, we know from our clients' perspective that often, the best litigation is the one that settles in mediation. Our straight forward unbiased guidance can help you avoid litigation whenever possible. However, if needed, our litigators are skilled in negotiation techniques and have a reputation for achieving very favorable results for our clients both in-court and out-of-court. 

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Additional Misappropriation Litigation Focus 

What is Common-Law Misappropriation

In Texas, unfair competition through common law misappropriation of time, labor, skill and money requires proof of three prima facie elements:

 

  • The plaintiff creates a product or item through his or her “extensive time, labor, skill, and money”;

 

  • The defendant uses the plaintiff’s work to engage in direct competition, thereby getting a "free ride"; and

 

  • The plaintiff sustains commercial damages as a result.

 

All three elements must be met for a plaintiff to recover damages under the legal theory of common law misappropriation. Unfair competition through misappropriation can be distinguished from copyright infringement in that it requires “extensive time, labor, skill and money” and not mere ownership of a copyright. Further, the item sought to be protected by misappropriation may not even be copyright-able, trademark-able, or otherwise protected by any other statutory area of law. Common law misappropriation is a catch-all theory to right wrongs.

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