For more than 20 years, Texas personal injury lawyer Jim Adler has called himself The Texas Hammer® and more recently El Martillo Tejano®. After spending millions in television, print, and billboard advertising, Jim Adler with his iconic sledgehammer has become one of the most recognizable personal injury attorneys in Texas.
Adler also uses
In Jones v. Frisco Fertility Center, PLLC, No. 05-21-00008-CV, 2022 WL 17248837 (Tex. App.—Dallas Nov. 28, 2022, pet. filed), the Dallas Court of Appeals addressed whether plaintiff Frisco Fertility Center’s (FFC) request for an injunction against its former employee Dr. Jones qualified as a legal action under the Texas Citizens Participation Act (TCPA).
[To highlight B&E’s trademark practice, the Fort Worth Business & Employment Law Reporter is starting a new feature highlighting some of the trademark decisions of the Trademark Trial and Appeal Board.]
Recently, In re Architectural Mailboxes, LLC, the Trademark Trial and Appeal Board (TTAB) refused registration of applicant’s BILT mark for “non-metal mailboxes,
The case of AMS Sensors USA Inc. v. Renesas Elec. Am. Inc., Civil Action No. 4:08-cv-00451, 2022 WL 2918893 (E.D. Tex. July 25, 2022) considered whether a breach of confidential information agreement could be based products that did not incorporate the plaintiff’s trade secret into the products design. Ultimately, the court concluded that “use” of
The case of Vest Safety Medical Services, LLC v. Arbor Environmental, LLC, No. 4:20-CV-0812, 2022 WL 2812195 (S.D. Tex. June 17, 2022) dealt with two issues involving trade secrets. The first issue considered whether the Texas Uniform Trade Secrets Act (TUTSA) preempted Vest’s civil conspiracy claim. Ultimately, the court concluded that TUTSA did
The case of EthosEnergy Field Services, LLC v. Axis Mechanical Group, Inc., H-21-3954, 2022 WL 2707734 (S.D. Tex. June 10, 2022) considered whether Ethos pled with sufficient detail its Defend Trade Secrets Act (DTSA) and Texas Uniform Trade Secrets Act (TUTSA) claims. Additionally, the court considered whether TUTSA preempted Ethos’s unfair competition
For years, it was not uncommon for misappropriation of trade secrets claims to be accompanied by a variety of other common law causes of action such as breach of fiduciary, fraud, and conspiracy. The Texas Uniform Trade Secrets Act (TUTSA), however, states that it “displaces conflicting tort, restitutionary, and other law of this
The case of Forum Energy Technologies, Inc. v. Jason Oil & Gas Equipment, LLC, No. H-20-3768, 2022 WL 1103078 (S.D. Tex. April 13, 2022) considered whether the Texas Uniform Trade Secrets Act (TUTSA) preempted Forum Energy’s claims for unfair competition, conspiracy, and/or tortious interference with prospective business relations. Ultimately, the court determined that
The case of Bureau Veritas Commodities and Trade, Inc. v. Cotecna Inspection SA, No. 4:21-CV-00622, 2022 WL 912781 (S.D. Tex. 2022) dealt with the application of Federal Rule of Civil Procedure 12(b)(6) to claims under the Defend Trade Secrets Act (DTSA) and the Texas Uniform Trade Secrets Act (TUTSA). Ultimately, the
As noted on this blog, litigation under the Texas Uniform Trade Secrets Act (TUTSA) often involves sealing court records according to the procedures of Texas Rule of Civil Procedure 76a. Currently, the Texas Legislature is considering a bill to streamline the sealing process for trade secret litigants. In last fall’s issue
