Business Law | Silberman Law Firm, PLLC

State vs. Federal Trademark Registration: Which One Is Best for Your Business?

When business owners and entrepreneurs start thinking about trademark protection, one of the first questions they ask is whether they should register their trademark at the state level or go straight for federal registration. While some states, including Texas, allow businesses to register trademarks with the Secretary of State, federal registration through the United States […]

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Are Non-Competes Enforceable After Being Fired?

Non-compete agreements can have serious consequences for employees in Texas, even after termination. Many workers assume that being fired voids their non-compete clauses, but this is not always the case. In Texas, non-competes are generally enforceable if they meet certain legal requirements. Below, we break down how these agreements work and what employees should consider […]

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How to Recognize Trademark Infringement

Trademark infringement occurs when a party uses a mark that causes confusion with another legally protected trademark. To successfully pursue a claim, the following elements must be proven: 1. Valid and Legally Protectable Mark The plaintiff must show that the trademark is legally valid. This can be established by federal registration through the U.S. Patent […]

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Understanding Assumption of Risk in Texas

In Texas, the assumption of risk doctrine applies when someone willingly engages in activities knowing there are inherent risks involved. This legal concept often comes into play in personal injury cases, where participants in risky activities accept that injuries might occur.  What is Assumption of Risk? Assumption of risk means that a person is aware […]

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Common Myths About Nonprofits and How to Form One

There’s a common misconception that starting a nonprofit is a fast track to financial stability and wealth. Many people mistakenly believe that by creating a nonprofit organization, they can generate income without paying taxes. However, the reality is far from this myth. Nonprofits are specifically formed for purposes such as operating charitable, religious, educational, or […]

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How False Advertising is Regulated in Texas

False advertising is a serious concern that can mislead consumers and create unfair market conditions. In Texas, this issue is addressed primarily through the Deceptive Trade Practices Act (DTPA) and the oversight of the Texas Attorney General. Here’s an in-depth look at how false advertising is regulated in Texas. Deceptive Trade Practices Act (DTPA) The […]

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