Right of Publicity in Texas: When Someone Uses Your Name, Image, or Likeness Without Permission
A right of publicity claim arises when someone uses another person's name, image, likeness, voice, or other identifying characteristic for commercial benefit without that person's consent. It protects the economic value of a person's identity, the principle being that individuals have the right to control how their personal attributes are exploited commercially and to benefit from that exploitation.
Read MoreTrade Secret Protection for Texas Businesses: What Qualifies, What You Must Do to Keep It, and What Happens When Someone Takes It
A trade secret is the one form of intellectual property that a single disclosure can destroy in an instant, with nothing you or any court can do to get it back. A patent expires 20 years from filing and, as long as maintenance fees are paid, stays enforceable no matter how widely the holder discloses the invention. A trademark can last indefinitely as long as it's used in commerce and renewed.
Read MoreTrademark Basics for Business Owners: How Federal Registration Works and Why It's Worth More Than Common Law Rights
A trademark is any word, name, symbol, design, or combination that identifies the source of goods or services and distinguishes them from those offered by others. Your company name, your logo, your product names, your taglines, and even distinctive product packaging can function as trademarks.
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