Marcum PC Law Firm

Houston Office
1 Greenway Plaza, #100
Houston, TX 77046


Dallas Office
13155 Noel Rd., Suite 900
Dallas, TX 75240

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Houston Office: (713) 714-0073

Dallas Office: (972) 600-2750

Marcum PC Law Firm

Technology Lawyer in the Dallas, TX and Houston, TX Area Offers Advise on Technology and Software Licensing

Technology and software licensing has to do with certain types of contractual arrangements. In these arrangements, the owner of certain intellectual property will sell that property to an agreed upon licensee. The property owner will be compensated for their intellectual property according to what has already negotiated within the contract. This may include payment of a one-time lump-sum or payment of ongoing royalties based upon on production levels. The contract could require both of these types payments. American companies often license their technology to foreign companies. You should always seek legal guidance from a technology attorney in the Dallas, TX area to examine your possible liability in any possible licensing agreement.

Using a licensing agreement is a potential way for your company to enter a foreign market without as many risks as buying an overseas facility. Licensing agreements can also serve as a way to avoid some of the barriers to exporting products. Licensing is the best option for small businesses that wish to gain international experience and presence. Technology licensing also provides a new way for American companies to access cutting edge foreign technology. Grant-back clauses exist to preserve the rights to upgraded technology to the licensee who actually developed it. Disputes that occur over any licensing issue in Houston, TX should be immediately presented to an experienced technology lawyer.

Trademark Prosecution and Brand Protection in Texas

The trademark prosecution process is one that actually begins the moment you submit an application for a trademark registration. You must determine the type of trademark application you need, whether it be a use-based application or an intent-to-use application. A use-based application is needed when your trademark or service mark is already be being used in commerce. If you submit the wrong application type, you are facing major problems. A registered trademark can be canceled by litigation process. It is important to be advised by a technology lawyer before you even consider submitting an application in Dallas, TX.

Copyright Registration or Intellectual Property Licensing Issues in Dallas or Houston

The author of an original work retains specific rights to that work, automatically. These specific rights include reproduction of said work, distribution of said work, derivative works, publicly display of the work, public performance of the work, and transmitting audio recordings of the work. If a person infringes upon an author’s specific rights, that author can sue for copyright infringement, asking the court to enforce their rights.

A law called the First Sale Doctrine tells us that a consumer who buys a copy of an original work of art can legally dispose of that copy by selling it to another individual. It is also legal for them to display it without violating the rights of the original artist/copyright owner. However, the doctrine does not offer any protect to a person who makes a copy of a work without permission from the author and distributes it, unless those copies happen to fall under the exception known as fair use.

A high school student who is writing a book report is allowed to copy a quote from the book they are reporting on in order to properly analyze it. The school’s newspaper can then legally print and distribute copies of that book report. This all falls under the Fair Use Doctrine. A private consumer, on the other hand, who makes copies of a full book after buying it, and then sells the copies, has absolutely infringed upon the author’s copyright. Technology matters can be rather complex and require the guidance of a technology lawyer for a positive outcome in the Houston or Dallas, TX areas.

Marcum PC Law Firm

We Offer Free Consultation For
IP Infringement And Plaintiff Personal Injury Cases
Call For A Consultation (713) 714-0073