Think Before you Click the Link

Recently, I received an email from a client with a suspicious link. Being a cautious litigator, I investigated the email before clicking the link. After speaking with my client, I learned that his email had been hacked. Phishing links, hacking, and identify theft are...

What Else Can Be a Trademark?

The majority of us easily recognize famous word and/or logo marks that we routinely encounter. For example, the average American would instantly associate the golden arches with McDonalds or know that “Melts in your mouth not in your hand” corresponds with M&Ms,...

The Patent Marking Statute: A Legal Fiction

Just about every piece of new technology incorporates intellectual property from patents to trademarks to copyrights. A cell phone has somewhere between 100 to 1,000 patents covering everything from the screen to the battery. I recently purchased conduit for an...

A New View on the Merger Doctrine

Generally under Texas law, when you sue on a note and recover a judgment, you are limited to your remedies in the judgment under the “merger” doctrine, in which the note merges into the judgment.  The merger doctrine is an application of res judicata,...