The Lanham Act & Title 16 of the Texas Business and Commerce Code
The federal Lanham Act and its state law companion, Chapter 16 of the Texas Business and Commerce Code, form the basis for litigation involving trademarks and trade dress in federal and state courts in Texas. A trademark is the legal protection given to an identifying symbol, logo, phrase, word, graphic depiction, or other mark. Trade dress is the commercial look and feel of a product or service, including the way it is marketed.
Trademarks and trade dress can be used to identify a company’s products or services or to distinguish their products or services from those of others. When a trademark or trade dress suggests the source or origin of a good or service in the mind of consumers, it is legally protectible. Connecting a company to its products or services in the minds of consumers is critical to building protectible goodwill and commercial success. However, overzealous competitors sometimes try to impede honest competition by asserting trademark and trade dress rights where none exist.
The term “palming off” means representing someone else’s goods or services to be those of your own. Reverse palming off is the practice of representing your goods or services to be those of someone else. Both are actionable under the Lanham Act and are considered unfair competition under Texas law.
For over three decades the largest and smallest companies in the country have looked to the attorneys of Siebman Forrest to assert their trademark and trade dress rights, and to defend against claims of infringement. If you have a trademark or trade dress issue that needs the attention of highly experienced trial attorneys, Siebman Forrest is ready to represent you as your lead or local counsel.