Keith Law, PLLC Podcast Jason Keith

In this episode, Jason talks about the basic differences between trademark, copyright, patent, and trade secret.
As always, you can schedule a call through Calendly, peruse past episodes, check out the Keith Law website, or contact me through my LinkedIn profile.
EPISODE-SPECIFIC LINKS:
Supplementary materials (i.e., the related blog post)Ep001—Practical Trademark ProtectionEp010—What is a Trade Secret, and Why Should I Care?Ep011—The Trade Secret Misappropriation Cause of Action.Ep012—Maintaining Your Registered Trademark with the USPTOEp014—Trade Secret Misappropriation in the Context of McDonald’s Ice Cream Machine DramaEp017—Forming an Entity Does Not Protect Your TrademarkEp018—Trade Secret Protection in the Absence of a Confidentiality Agreement with Employees 
TIMESTAMPS:
00:00 — Overview of the basic differences between trademark, copyright, patent, and trade secret.
01:08 — Intro
01:32 — TRADEMARK—distinguishing the source of goods and services and avoiding consumer confusion.
02:19 — Generic terms are unprotectible
02:33 — Common law rights
02:38 — Registering with the USPTO gives rise to statutory rights.
02:43 — Duration of registration is unlimited, so long as use continues and registration is properly maintained.
03:05 — Tradenames are not automatically trademarks.
04:28 — COPYRIGHT
04:38 — "Author"
04:50 — "Writings"
05:21 — Scope of copyright has expanded over time and now extends to eight categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.
06:07 — Not names, logos, and slogans.
06:23 — Life of the author plus 50 years.
06:33 — PATENTS
07:03 — Duration: 20 years from filing the application for utility patents; 15 years for design patents.
07:18 — Public policy behind protecting patents.
07:37 — TRADE SECRETS
08:08 — Under Texas law, a trade secret is (1) a secret; (2) used by a business; that (3) gives the business a competitive advantage over those who don't know or use it.
08:35 — Comparing trade secrets to patents.
09:33 — Takeaways from this episode.
10:20 — Subscribe, check the show notes, and email or schedule a call with your questions.
10:54 — Outro
DISCLAIMER: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.

In this episode, Jason talks about what is required for a noncompete to be enforceable under Texas law.
 As always, you can schedule a call through Calendly, peruse past episodes, check out the Keith Law website, or contact me through my LinkedIn profile.
EPISODE-SPECIFIC LINKS:
Supplementary materials.What is a "cause of action?"Do you know what "consideration" is, in the contract context? Ep021—What is a Contract? This is where you can find my discussion of "consideration."Ep001—Discussion of participatory liability.Ep010—What is a Trade Secret, and Why Should I Care?Ep011—The Trade Secret Misappropriation Cause of Action. 
TIMESTAMPS:
00:00 — Two competing myths: "noncompetes are never enforceable in Texas," and "noncompetes are always enforceable."
00:20 — Intro
00:44 — Received wisdom can be wrong.
01:08 — Although many noncompetes are unenforceable, since 1989 noncompetes can be enforcible in Texas if they comply with the statute.
01:35 — To be enforceable, the statute requires a noncompete to be (1) ancillary to an otherwise enforceable agreement, (2) be reasonable in terms of time limit, geography, and scope of restriction, and (3) be supported by consideration reasonably related to the business interest sought to be protected.
02:25 — But first, some discussion of the competing public policies at play.
04:48 — Element 1—ancillary to an otherwise enforceable agreement.
06:22 — Element 2—reasonable in terms of time limit, geography, and scope of restriction.
07:44 — Element 3—supported by consideration reasonably related to the business interest sought to be protected.
12:12 — There are special rules for physicians and attorneys (not discussed in this episode).
12:36 — Why can noncompetes be important? They can help protect a business's competitive advantages.
13:12 — Third parties can have liability for employing someone who is violating a noncompete.
13:43 — Assignment of noncompetes in the context of sale of a business.
14:21 — Takeaways from this episode.
14:55 — Subscribe, check the show notes, and email or schedule a call with your questions.
15:30 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.

This week, I thought about delving into a specific type of contract. But then, I figured it might make more sense to first go over the basics of what a contract actually is.
As always, you can schedule a call through Calendly, peruse past episodes, check out the Keith Law website, or contact me through my LinkedIn profile.

EPISODE-SPECIFIC LINKS:
Supplementary materials.What is a "cause of action?"Do you know what a "contract" really is?Do you know what "consideration" is, in the contract context? 
TIMESTAMPS:
00:00 — Do you really know what a contract is?
00:08 — Intro
00:31 — Check out the show notes for an outline of the episode.
00:48 — This episode is not a law school contracts course—it's only a basic overview and explanation of what constitutes an contract.
01:45 — Reminder of what a cause of action is.
02:23 — The breach of contract cause of action.
03:01 — This episode is focused on element 1—the enforceable contract.
03:42 — What does the term "enforceable contract" mean?
04:30 — The three most essential components of an enforceable contract—offer, acceptance, and consideration.
04:56 — Offer and its three elements.
06:09 — Acceptance and three of its elements. 
07:05 — Consideration—"mutuality of obligation," "exchange of value," or "the bargained for exchange of promises."
08:57 — Does a contract have to be in writing? Not unless the statute of frauds says so.
10:10 — Defenses to a breach of contract cause of action.
11:24 — Takeaways from this episode.
11:57 — Subscribe, check the show notes, and email or schedule a call with your questions.
12:33 — Outro
 
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.

A statute of limitations establishes a time limit for a plaintiff to file a lawsuit based on a particular cause of action. In this episode, Jason outlines the questions that must be analyzed to determine whether a claim might be time-barred.  

GENERAL LINKS:
• Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
• Podcast Website: https://www.keith.law/category/podcast/ 
• Firm Website: https://www.keith.law/
• LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/
 EPISODE-SPECIFIC LINKS:
• Episode's blog post: https://www.keith.law/business-disputes/explaining-statutes-of-limitation/
• General information on what a statute of limitation is: https://en.wikipedia.org/wiki/Statute_of_limitations
• Information on what a "cause of action" is: https://en.wikipedia.org/wiki/Cause_of_action
• EP008 (explaining laches in the trademark infringement context): https://www.keith.law/trademark/explaining-laches-an-equitable-defense-to-trademark-infringement/
• Information about the Lanham Act: https://en.wikipedia.org/wiki/Lanham_Act
• Texas Trademarks Act: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htm
• Texas Uniform Trade Secret Act: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.134A.htm
TIMESTAMPS:
00:00 — 'SOL' stands for 'statute of limitations' in the world of civil justice.
00:10 — Intro
00:33 — Statutes of limitations are time-limit rules—deadlines for pursuing a lawsuit.
01:10 — Overview of the eight questions that should be asked to determine the latest a lawsuit should be filed.
03:14 — Question 1: what's the specific cause of action's statute of limitation?
--:--  — Question 2: not covered in this episode.
04:56 — Question 3: when did the claim accrue?
05:50 — Question 4: can the accrual date be legally deferred?
06:36 — Question 5: tolling—can the time-limit be paused? Seven general reasons that supports tolling of limitations.
09:08 — Question 6: can the defendant be estopped (prevented) from asserting the limitations defense?
10:00 — Question 7: is the plaintiff's claim cut off before it accrues through a statute of repose?  
10:58 — Question 8: is plaintiff's claim subject to the equitable defense of laches which could serve as a time-limit prior to the end of the statute of limitations?
11:41 — This episode's takeaways.
12:20 — Please subscribe, check the show notes, and email or schedule a call with your questions.
12:46 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.

Another of the equitable defenses is called "unclean hands." Although I mentioned the word in previous episodes, it might be helpful to explain what it means in more detail. So, in this episode, I'll try to describe the concept of unclean hands in more detail.
GENERAL LINKS:
Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minutePodcast Website: https://www.keith.law/category/podcast/Firm Website: https://www.keith.law/LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/ 
EPISODE-SPECIFIC LINKS:
Episode's blog post: https://www.keith.law/trademark/explaining-unclean-hands-a-third-equitable-defense-to-trademark-infringement/EP001: https://www.keith.law/trademark/practical-trademark-protection/EP008: https://www.keith.law/trademark/explaining-laches-an-equitable-defense-to-trademark-infringement/EP016: https://www.keith.law/trademark/explaining-acquiescence-another-equitable-defense-to-trademark-infringement/Information on what a "cause of action" is: https://en.wikipedia.org/wiki/Cause_of_actionGeneral information about equitable remedies: https://en.wikipedia.org/wiki/Equitable_remedyGeneral information about the unclean-hands doctrine: https://en.wikipedia.org/wiki/Clean_handsInformation about the Lanham Act: https://en.wikipedia.org/wiki/Lanham_ActTexas Trademarks Act: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htmTexas Uniform Trade Secret Act: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.134A.htm 
TIMESTAMPS:
00:00 — Unclean Hands—a third equitable defense to trademark infringement.
00:07 — Intro
00:31 — What led to this episode topic, and the goal of this episode.
01:25 — Unclean hands and laches are equitable defenses available in both the trademark infringement and trade secret misappropriation context.
01:50 — Reminder of what a cause of action is.
02:55 — Most defenses have essential elements too—but that's not necessarily the case with unclean hands.
03:30 — Defendants may have equitable defenses to a plaintiff's trademark infringement cause of action.
04:00 — The definition of unclean hands (i.e., the clean-hands doctrine or the unclean-hands doctrine).
04:27 — Unclean hands is available under the Lanham act and unfair competition.
05:02 — The concept behind unclean hands.
05:32 — When courts will enforce the unclean-hands doctrine. 
06:34 — Equitable defenses are personal defenses—meaning they are based on action or inaction with specific relation to the defendant, not with relation to the world in general.
07:25 — The party alleging unclean hands must establish personal harm or injury from the unclean hands behavior.
07:52 — The defendant also has to show a direct connection between the alleged bad behavior and the specific issue in front of the court.
08:20 — An example where unclean hands was alleged but denied by a court.
09:19 — Examples in which a trade secrets owner can be denied trade secret protection in the face of an unclean hands defense.
09:40 — A plaintiff can use the unclean-hands doctrine to prevent a defendant from benefiting from defenses that would otherwise prevent defendant's liability.
10:31 — This episode's takeaway.
11:15 — Please subscribe, check the show notes, and email or schedule a call with your questions.
11:41 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.

This episode is aimed at answering the question of how protected a company’s trade secrets are in the absence of a confidentiality agreement, if at all.
 GENERAL LINKS:
Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minutePodcast Website: https://www.keith.law/category/podcast/Firm Website: https://www.keith.law/LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/ 
EPISODE-SPECIFIC LINKS:
Episode's blog post: https://www.keith.law/trade-secret/trade-secrets-and-former-employeeseffect-of-no-written-agreement/Texas Uniform Trade Secret Act: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.134A.htmInformation about the Defend Trade Secrets Act: https://en.wikipedia.org/wiki/Defend_Trade_Secrets_ActInformation on what a "cause of action" is: https://en.wikipedia.org/wiki/Cause_of_action 
TIMESTAMPS:
00:00 — What if your worker leaves with your trade secrets and you don't have a confidentiality agreement in place?
00:06 — Intro
00:30 — There is trade secret protection under TUTSA and the DTSA when the statutory requirements are satisfied.
01:01 — Both statutes require taking "reasonable measures" to keep the information a secret. A signed confidentiality agreement can be an example of a reasonable measure to keep the information a secret. But, a signed agreement is not absolutely necessary.
01:40 — The longer answer to the question.
01:43 — The essential elements of a trade secret misappropriation cause of action.
03:50 — What about misappropriation in the absence of a signed agreement? This is a question about element two of the cause of action.
04:26 — A discussion of the public policy balancing act to help understand why things are the way they are.
06:11 — Use of information acquired during employment.
07:40 — Important reasons to have confidentiality agreements with your employees.
09:45 — How a signed confidentiality agreement might stop a problem before a lawsuit becomes necessary. 
11:38 — Why, as a practical matter, it's important to be able to attach liability to the new employer, if possible.
12:05 — Recovering attorney's fees in the context of a trade secrets misappropriation lawsuit under TUTSA and DTSA.
16:00 — Recovering attorney's fees in the context of a breached contract—including a breached confidentiality agreement.
16:57 — Other potentially available causes of action in a trade secrets misappropriation context.
19:07 — The takeaways from this episode.
20:03 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.