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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. Read More

Copyright

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. Read More

Copyright

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. Read More

Litgation

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Trademark

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Trademark

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T:

972.248.8080

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972.248.8088

Misappropriation of Trade Secret, Name or Likeness

Our firm represent plaintiffs and defendants in misappropriation litigation in both federal and state courts. Generally, misappropriation is the taking or using of something belonging to someone else, and can include trade secrets, ideas, or names and likeness.

 

There are a few general types of misappropriation: Trade Secret Misappropriation, Misappropriation of a Name and Likeness/Rights of Publicity, and Common Law Misappropriation.

 

Trade Secret Misappropriation

 

Misappropriation of trade secrets is a form of unfair competition that occurs when someone else improperly and without authorization discloses or uses confidential information of another. Misappropriation of trade secrets is a common-law tort cause of action.  A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him or her an opportunity to obtain an advantage over competitors who do not know or use it.  Equitable remedies such as injunctive relief may be available to stop the harm caused by the continued use of the misappropriated trade secret(s).

 

Misappropriation of Name and Likeness/Rights of Publicity

 

Misappropriation of name and likeness is when someone uses your name or likeness for his or her benefit. To prove a case of misappropriation, you must show that someone else has used your identity, for some advantage, which most commonly is for commercial use. You do not have to prove that the defendant made money off the commercial use of your name of likeness. This is sometimes called "Passing off" or “Palming off” when a person misrepresents his or her own goods or services as someone else's. “Reverse Passing-Off” occurs when a provider of goods or services who purchases another's goods or services, removes the latter's trademark and replaces it with its own.

 

Common Law Misappropriation.

 

Unfair competition by common law misappropriation generally involves (i) the creation of a product by a plaintiff (i.e., the trade secret information) through extensive time, labor, skill, and money; (ii) the defendant's use of plaintiff’s product or trade secret information in competition with the plaintiff, thereby giving defendant a special advantage in that competition; and (ii) commercial damage to the plaintiff. Simply, Common law misappropriation occurs when a defendant takes unfair advantage of a plaintiff’s creativity and hard work.

 

 

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WILSON LEGAL GROUP P.C.

16610 Dallas Parkway, Suite 1000

Dallas, Texas 75248

+1 (972) 248-8080

info@wilsonlegalgroup.com

Mr. Wilson was extremely responsive and easy to contact. He quickly addressed the questions that I had and assisted me skillfully with my case.."

 

- Bart Looper, Looper Law Enforcement Brand

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WILSON LEGAL GROUP P.C. LAW FIRM

16610 Dallas Parkway, Suite 1000

Dallas, Texas 75248

+1 (972) 248-8080

info@wilsonlegalgroup.com

The law office of Wilson Legal Group P.C. represents clients nationwide and local clients from Dallas and other Texas areas, including Austin, Houston, Fort Worth, Arlington, Carrollton, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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