Dallas, TX asked in Intellectual Property for Texas

Q: How do I file for theft of intellectual property

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1 Lawyer Answer
Nathan Roach
Nathan Roach
  • San Antonio, TX
  • Licensed in Texas

A: In genera, the kind of suit you would file depends upon the kind of intellectual property that was infringed. For example, a suit for copyright infringement is federal subject matter and generally must be filed in federal court after the copyright has been registered. Patent infringement is also a federal subject and would be brought in federal court.

Trademarks are a little different, because they have both federal and state-level protection. An attorney can review your trade name or trademark and advise you on whether a federal or state court case would be best suited to the mark.

Finally, there are some forms of intellectual property (IP) such as trade secrets that are typically brought in state courts if both parties are in the same state. However, in any of these cases a legal situation called "diversity jurisdiction" may allow filing in federal court even for state-level subject matter.

Which avenue you choose to pursue depends upon the kind of IP that was stolen or infringed and the kinds of protection you have secured on that IP (such as a registered trademark or copyright).

Because each person or company's situation may be different, you should consult with an attorney for answers about your specific case.

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