Travis Crabtree

Travis Crabtree

Gray Reed & McGraw, P.C.

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Back to Basics: Trademarks Part 5

What do I need to do to protect my mark after it is registered? Unlike copyrights and patents, trademarks can last forever if you take the right steps. Once properly registered, you will have to file your first...more

11/23/2016 - Intellectual Property Protection Trademark Application Trademark Infringement Trademark Registration Trademarks

Back to Basics: Trademarks Part 4

What Happens After My Application is Filed? After your application is filed, you should receive an email from the USPTO confirming the submission. In a few business days, the USPTO will confirm the application has the...more

11/21/2016 - Intellectual Property Protection Trademark Application Trademark Registration Trademark Trial and Appeal Board Trademarks USPTO

Back to Basics: Trademarks – Part 3

Have you used your mark in commerce and what is the impact of that? If you are already selling your product or service with the mark on it, you are “using” your mark in commerce. As a result, you will need to provide...more

11/15/2016 - Intellectual Property Protection Software Trademark Application Trademark Registration Trademarks Use in Commerce USPTO

Back to Basics: Trademarks Part 2

Do I trademark my name, my logo or both? You can register just your name, your logo, or you can do both. The logo and the name constitute two separate trademark registrations and would require two separate payments to...more

11/14/2016 - Intellectual Property Protection Trademark Application Trademark Registration Trademarks USPTO

Back to Basics: Trademarks Part 1

In the most general sense, getting a trademark protects your brand. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of another. By...more

11/8/2016 - Brand Popular Suggestive Marks Trademark Registration Trademarks USPTO

What Start-Ups, Tech Companies and Marketers Need to Know About the New Overtime Rules

You may have heard about new overtime rules from the Department of Labor. It’s not all about bathroom laws. Michael Kelsheimer, author of the Employer Handbook, broke down the new rules in Federal Changes to Overtime...more

5/20/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Startups Technology Sector Wage and Hour White-Collar Exemptions

What You Need to Know About the Federal Defend Trade Secrets Act of 2016

President Obama is expected to sign the Defend Trade Secrets Act of 2016 (DTSA), which was passed by Congress at the end of April 2016. This law could impact your property protection, litigation and employment law strategies....more

5/9/2016 - Asset Seizure Confidential Information Defend Trade Secrets Act (DTSA) Employment Contract Ex Parte Intellectual Property Protection Misappropriation Pending Legislation Popular Private Right of Action Trade Secrets

Laremy Tunsil’s Draft Slide May Result in Criminal or Civil Liability

If you watched the first round of the NFL Draft, the big story was the sliding of Ole Miss offensive tackle Laremy Tunsil out of the top five to number 13. As the draft was unfolding, someone released a video of him smoking...more

5/2/2016 - Football Hackers Instagram NCAA NFL Popular RICO Social Media Stored Communications Act Twitter Young Lawyers

No Crying Wolf: Retailer’s Website Held Not In Compliance With ADA

At the beginning of this year, we warned that there would be an uptick in American with Disabilities Act litigation related to website accessibility this year in a post entitled Does My Website Need to be ADA Compliant?  The...more

4/7/2016 - ADA Internet Retailers Public Accommodation Retailers Website Accessibility Website Owner Liability Websites

The Law Behind the Hulk Hogan $140 Million Verdict Against Gawker

A few days ago, a jury in Florida awarded Hulk Hogan (real name Terry Bollea)  $140 million because Gawker posted a leaked sex video of the former wrestler. Rather than focus on the lurid details (which you can Google), let’s...more

3/24/2016 - First Amendment Free Speech Gawker Hulk Hogan Intentional Infliction of Emotional Distress Invasion of Privacy Online Videos Video Privacy Video Recordings

The Law Behind the Apple vs. FBI iPhone Unlocking Debate

By now, you have probably read about how the FBI is asking Apple to create software that would help the FBI unlock the iPhone of one of the deceased San Bernadino attackers. You have probably heard the talking heads scream...more

3/14/2016 - All Writs Act Apple CALEA Encryption Fifth Amendment First Amendment iPhone Mass Shootings Popular Telecommunications Terrorist Acts

Does My Website Need to Be ADA Compliant?

Your website looks good, is functional and provides a great user experience. But, can a disabled person use it? Can a visually-impaired person understand what your photos and other non-text aspects of your website are and do?...more

1/22/2016 - ADA Public Accommodation Website Accessibility

Top Posts of 2015

In descending order, here were the top posts from 2015. #7 Will Net Neutrality Kill the Internet 3.0? In February, the FCC passed the net neutrality rules. This seems like one of those issues, like most, that seemed...more

12/29/2015 - Anti-SLAPP FCC Net Neutrality Social Media US-EU Safe Harbor Framework

Mizzou: A Personal Note on Racism, Firings and a Free Press

I have been watching the events at my alma mater that led to the resignation of MU System President Tim Wolfe and Chancellor R. Bowen Loftin from afar. While I had heard inklings of discontent, I had no idea it was at this...more

11/11/2015 - Diversity First Amendment Journalism Journalists Popular Protests

Title III Crowdfunding is Coming – Is It Right For You?

On Friday, the SEC approved equity crowdfunding for non-accredited investors in a 3-1 vote. This is the true equity crowdfunding from the JOBS Act of 2012 known as Title III. Given it has been more than three years to get the...more

11/2/2015 - Annual Reports Crowdfunding Disclosure Requirements Financial Statements Investment Investors JOBS Act Non-Accredited Investors Offerings Popular SEC Title III

Fair Use and the DMCA – Yes, you need to think about it before sending the takedown

Monday, the Ninth Circuit ruled copyright owners must consider the fair use doctrine before sending a takedown notice under the Digital Millennium Copyright Act in Lenz v. Universal Music Group. Read the case here: Lenz v....more

9/16/2015 - Copyright Copyright Infringement Copyright Litigation Digital Media DMCA Fair Use Music Industry Online Videos Popular Takedown Notices Universal YouTube

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more

9/2/2015 - Anti-SLAPP Attorney's Fees Declaratory Relief Defamation Exxon Mobil First Amendment Fracking Fraud Free Speech Injunctive Relief Motion to Dismiss Negligence Nuisance Private Property Tortious Interference Trespass TX Supreme Court

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 4 – A decision in Schlumberger, sort of

Since we published Part 3 that discussed the details of an interesting case here in Houston, Schlumberger v. Rutherford, the First Court of Appeals issued its opinion on Tuesday. The best description of the decision is a...more

8/28/2015 - Anti-SLAPP Appeals Breach of Contract Breach of Duty Conversion Fiduciary Duty First Amendment Free Speech Interlocutory Orders Jurisdiction Misappropriation Motion to Dismiss Trade Secrets

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

8/5/2015 - Anti-SLAPP Breach of Contract Data Collection Discovery First Amendment Infringement Litigation Strategies Misappropriation Patent Infringement Patents Restraining Orders TCPA Tortious Interference Trade Secrets Work Computer

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 2

It is easy to see how this applies to your straightforward defamation case assuming the defendant engaged in the “exercise of the right of free speech” which means “a communication made in connection with a matter of public...more

7/29/2015 - Anti-SLAPP Defamation Email Exxon Mobil Free Speech Internal Communications Motion to Dismiss Tortious Interference TX Supreme Court Wrongful Termination

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 1

The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the “TCPA” found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.). “If a legal action is based on, relates to, or is in response to a party’s...more

7/13/2015 - Anti-SLAPP Attorney's Fees Defamation First Amendment Free Speech Motion to Dismiss Protected Activity Texas

The Cards Hack the Astros – So What Law Applies? [audio]

In a developing story, The New York Times is reporting that the FBI is investigating the St. Louis Cardinals for hacking into the Houston Astros’ computer networks to steal the Astros’ internal baseball operation intelligence...more

6/18/2015 - Baseball Cardinals Computer Fraud and Abuse Act (CFAA) Criminal Investigations FBI Hackers Privacy Laws Sports Stored Communications Act

Who’s on First? Depends if Fair Use is on Second and Public Domain is on Third

Abbott and Costello’s “Who’s on First?” brings back memories of my seventh-grade talent show where I performed the routine with Brandon Berry at Atascocita Middle School. I can’t remember if we won second or third place —...more

6/11/2015 - Copyright Fair Use Film Industry Heirs Public Domain Scripts The Copyright Act

Does there need to be patent reform?

Regular readers know I am a fan of Last Week Tonight with John Oliver. The show has done multiple segments relevant to our topics of discussion. They recently did a segment on patent reform....more

5/11/2015 - Attorney Generals Infringement Innovation Act Patent Reform Patents SCOTUS Technology Texas

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