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Your Amarillo Intellectual Property Attorney
A patent, a trademark, a copyright, and a trade secret are four different things with four different sets of rules. For an Amarillo business, artist, or inventor, the first step is knowing which one is actually involved, and this page walks through how to tell. You will find the quick answers first, then the definitions, deadlines, registration, the courts, state law, and the basic elements of infringement claims, with the statute behind each point. The facts of your situation decide which area of law controls, and an attorney who practices in federal court can sort that out quickly.
Intellectual Property Rules at a Glance
- Patents belong in federal court. Federal district courts have original jurisdiction over patent claims (28 U.S.C. 1338(a)), and damages cannot reach back more than six years before the complaint (35 U.S.C. 286).
- Trademarks can be registered federally and in Texas. The federal register is set up by 15 U.S.C. 1051, and state registration is filed with the Texas Secretary of State under Chapter 16 of the Texas Business and Commerce Code.
- How long does a copyright last? For works created on or after January 1, 1978, the life of the author plus 70 years (17 U.S.C. 302(a)), with different counts for joint works and works made for hire.
- Federal trade secret claims must be brought within 3 years after the misappropriation is discovered or should have been discovered with reasonable diligence (18 U.S.C. 1836(d)).
- Which court? A case from Amarillo that belongs in federal court is filed in the Northern District of Texas, which holds court in Dallas, Fort Worth, Abilene, San Angelo, Amarillo, Wichita Falls, and Lubbock.
What Patents, Trademarks, Copyrights, and Trade Secrets Protect
For an invention, the question is whether it fits one of the four categories in 35 U.S.C. 101, and if a patent is granted, it lasts for 20 years measured from the application filing date (35 U.S.C. 154(a)(2)).
Under 15 U.S.C. 1127, a trademark is any word, name, symbol, or device, or a combination, that identifies and distinguishes one person’s goods from another’s and indicates their source, and a service mark performs that function for services.
Copyright protects expression, not ideas. The subject matter is original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)), and protection does not extend to any idea, procedure, process, system, or method of operation, however it is described (17 U.S.C. 102(b)).
A trade secret is information the owner has taken reasonable measures to keep secret and that derives independent economic value from not being generally known to, and not being readily ascertainable through proper means by, another person (18 U.S.C. 1839(3)). The statute covers financial, business, scientific, and technical information such as patterns, plans, formulas, designs, methods, processes, programs, and codes.
Why Timing Matters in Intellectual Property Disputes
Under 17 U.S.C. 507(b), a civil copyright action must be commenced within three years after the claim accrued, and under 17 U.S.C. 411(a) the copyright claim for a United States work must be registered, or registration refused, before that action is instituted.
Discovery drives the trade secret clock. A civil action under 18 U.S.C. 1836(b) may not be commenced later than three years after the misappropriation is, or by reasonable diligence should be, discovered (18 U.S.C. 1836(d)).
Six years is the number to know in patent cases: infringement more than six years before the complaint cannot be recovered on (35 U.S.C. 286).
Do not assume that a state-law claim follows the federal deadlines. Texas’s limitation periods and the point when a claim accrues are matters of Texas statutes and case law, and an attorney can check the dates for your particular claim.
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Steps That Strengthen a Claim Before It Is Needed
The Lanham Act sets two routes to the principal register: use in commerce (15 U.S.C. 1051(a)(1)) and a bona fide intention to use (15 U.S.C. 1051(b)(1)). Each requires an application, a verified statement, and the prescribed fee.
State registration is a different filing from a federal application. In Texas it is made with the Texas Secretary of State under Chapter 16 of the Texas Business and Commerce Code, and an attorney can tell you whether a state filing, a federal filing, or both suit your plans.
Owners of creative work should know that registration is a precondition to suing on a United States work (17 U.S.C. 411(a)), and that the duration for most later works is the life of the author plus 70 years (17 U.S.C. 302(a)).
The application date controls the length of patent protection, which ends 20 years after filing (35 U.S.C. 154(a)(2)), so planning the filing is part of protecting the invention.
Which Court Handles a Claim From Amarillo
Patent, plant variety protection, and copyright claims belong exclusively in federal court: the district courts have original jurisdiction of any civil action arising under an Act of Congress relating to patents, plant variety protection, copyrights, and trademarks, and no state court may hear the patent, plant variety protection, and copyright claims (28 U.S.C. 1338(a)). Trademark claims may also be brought in state court.
By statute the state has four federal districts, known as the Northern, Southern, Eastern, and Western Districts of Texas (28 U.S.C. 124). A federal case from Amarillo is filed in the Northern District of Texas, where court is held at Dallas, Fort Worth, Abilene, San Angelo, Amarillo, Wichita Falls, and Lubbock. Because Amarillo lies in more than one county, it is worth confirming which county the matter falls in.
What Texas Law Can Add to Federal Protection
Texas has a trade secret statute of its own, the Texas Uniform Trade Secrets Act (Tex. Civ. Prac. & Rem. Code 134A.001 to 134A.008). A trade secret dispute from Amarillo can involve that statute, and the federal Defend Trade Secrets Act adds a civil action in federal court for a trade secret related to a product or service used in interstate or foreign commerce (18 U.S.C. 1836(b)(1), (c)).
A state trademark registration in Texas is a different filing from federal registration (15 U.S.C. 1051). It is made with the Texas Secretary of State under Chapter 16 of the Texas Business and Commerce Code.
A lawyer can compare the federal and state routes for your situation and explain the tradeoffs.
What Kinds of Intellectual Property Cases Come Up?
Patent Infringement
Infringement occurs when someone, without authority, makes, uses, offers to sell, or sells any patented invention within the United States, or imports a patented invention into the United States, during the term of the patent (35 U.S.C. 271(a)).
Damages are limited to infringement within the six years before the complaint (35 U.S.C. 286).
Trademark Infringement and Brand Disputes
Infringement of a registered mark means using in commerce a reproduction, counterfeit, copy, or colorable imitation of the mark in connection with the sale, offering for sale, distribution, or advertising of goods or services where the use is likely to cause confusion, mistake, or deception (15 U.S.C. 1114(1)(a)).
A person who believes he or she is or is likely to be damaged can bring the civil action under 15 U.S.C. 1125(a)(1).
Copyright Infringement
In a copyright case, the first questions are whether the work is protected at all under 17 U.S.C. 102(a) and whether what was copied was protected expression rather than an idea or method excluded by 17 U.S.C. 102(b).
For a United States work, registration must be made before an infringement suit is instituted (17 U.S.C. 411(a)).
Confidential Information and Departing Employees
A federal trade secret claim requires a trade secret related to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)), and the information must meet the definition of a trade secret in 18 U.S.C. 1839(3): reasonable secrecy measures and independent economic value.
The federal action has a three-year deadline running from discovery, or from when reasonable diligence should have led to discovery (18 U.S.C. 1836(d)).
What a Successful Claim Can Recover
Relief in a patent case can include damages of at least a reasonable royalty with interest and costs, and enhancement up to three times in the court’s discretion (35 U.S.C. 284), and an injunction on reasonable terms under the principles of equity (35 U.S.C. 283).
Trademark: courts can grant injunctions according to the principles of equity to prevent the violation of the rights of a registrant or a violation of section 1125(a), (c), or (d) (15 U.S.C. 1116(a)), and when a violation is established the plaintiff is entitled, subject to the principles of equity, to recover the defendant’s profits, any damages sustained by the plaintiff, and the costs of the action (15 U.S.C. 1117(a)).
Under 17 U.S.C. 504, the choice is between actual damages with additional profits and statutory damages, which the court sets between $750 and $30,000 for any one work.
The registration date can decide whether statutory damages and attorney’s fees are available at all. Section 412 of the copyright statute bars them for infringement commenced before registration, subject to a three-month window after first publication.
In federal trade secret cases the court can enjoin actual or threatened misappropriation, award damages for loss and unjust enrichment or a reasonable royalty, and, for willful and malicious misappropriation, exemplary damages up to 2 times the damages awarded (18 U.S.C. 1836(b)(3)).
Facing an infringement dispute in Amarillo? Find out where your matter stands.
What to Gather Before You Talk to an Attorney
An attorney will usually begin with dates: creation, first disclosure, first use in commerce, first publication, and discovery of the problem. Gathering them ahead of time saves a first meeting for the questions that matter.
Inventors should collect drawings, notes, and application numbers, and brand owners should collect the mark, examples of use, and any registration papers, before the first conversation.
Creators should bring the work itself, dated drafts, and examples of the copy. Owners of confidential information should bring a description of it, a list of who had access, and the steps taken to keep it secret.
Local Court Details for Amarillo
If you are protecting or defending intellectual property in Amarillo, a case that belongs in federal court is filed in the Northern District of Texas. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above.
If the matter involves a crash, a fall, or another injury, our Amarillo personal injury attorney page is the better fit. If your matter involved another town in the area, see our pages for Lubbock, Wichita Falls, and Midland. Our Texas intellectual property hub brings together the state’s rules and every city page in one place.
Frequently Asked Questions
What can be patented?
A new and useful process, machine, manufacture, or composition of matter may be patented, subject to the conditions and requirements of the patent statute (35 U.S.C. 101).
What is trademark infringement?
For a registered mark, it is using in commerce a reproduction, counterfeit, copy, or colorable imitation in connection with goods or services where the use is likely to cause confusion, mistake, or deception (15 U.S.C. 1114(1)(a)).
How long does a copyright last?
For a work created on or after January 1, 1978, the life of the author and 70 years after the author’s death (17 U.S.C. 302(a)), with different rules for joint works, anonymous and pseudonymous works, and works made for hire.
What if a former employee took confidential information?
That can be a trade secret claim if the information meets the definition in 18 U.S.C. 1839(3), and the federal deadline is three years from discovery (18 U.S.C. 1836(d)). An attorney can review what was taken and what protections were in place.
Where does the federal court for Amarillo hold court?
The Northern District of Texas holds court in Dallas, Fort Worth, Abilene, San Angelo, Amarillo, Wichita Falls, and Lubbock (28 U.S.C. 124).
Does Texas law protect trade secrets?
Yes. Texas has the Texas Uniform Trade Secrets Act (Tex. Civ. Prac. & Rem. Code 134A.001 to 134A.008), and the federal Defend Trade Secrets Act (18 U.S.C. 1836) adds a separate federal action.
Do deadlines differ for different kinds of intellectual property?
Yes. Copyright and federal trade secret claims each have a three-year period, measured differently (17 U.S.C. 507(b); 18 U.S.C. 1836(d)), and patent damages are limited to six years before the complaint (35 U.S.C. 286).
Can I protect a logo or slogan?
A word, name, symbol, or device used to identify and distinguish goods or services and indicate their source can be a trademark or service mark (15 U.S.C. 1127).
Speak With Someone Who Handles Cases Like Yours
You do not have to work out the dates and rules alone. Fill out the form, and you will be connected with an attorney who can review your situation, the deadlines, and what a claim or filing may involve.
