Keith Law, PLLC Podcast

About Keith Law, PLLC Podcast

Keith Law, PLLC is a Texas law firm focused on helping businesses protect and enhance their competitive advantages by assisting with trademark issues and identifying and protecting trade secrets. This podcast aims to provide helpful information to businesses—but should never be considered legal or other professional advice, a solicitation or advertisement, or establishing an attorney-client relationship.

Publisher

Jason Keith

Category

business · education

Language

en

Explicit

No

First episode

3 Apr 2021

Latest episode

3 Sept 2021

Latest episodes

24 episodes in the feed.

1. 

   3 Sept 2021

   Trademarks, Copyrights, Patents, & Trade Secrets—What's the Difference?

   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 (https://calendly.com/keithlawpllc/20minute), peruse past episodes (https://www.keith.law/category/podcast/), check out the Keith Law website (https://www.keith.law/), or contact me through my LinkedIn profile (https://www.linkedin.com/in/jason-keith-0736a931/). EPISODE-SPECIFIC LINKS: Supplementary materials (https://www.keith.law/trademark/the-basic-differences-between-trademarks-copyrights-patents-trade-secrets/) (i.e., the related blog post) Ep001 (https://www.keith.law/trademark/practical-trademark-protection/)—Practical Trademark Protection Ep010 (https://www.keith.law/trade-secret/identifying-your-trade-secrets/)—What is a Trade Secret, and Why Should I Care? Ep011 (https://www.keith.law/trade-secret/what-is-trade-secret-misappropriation-and-a-real-world-example/)—The Trade Secret Misappropriation Cause of Action. Ep012 (https://www.keith.law/trademark/how-to-maintain-your-registered-trademark/)—Maintaining Your Registered Trademark with the USPTO Ep014 (https://www.keith.law/trade-secret/mcdonalds-ice-cream-machine-drama/)—Trade Secret Misappropriation in the Context of McDonald’s Ice Cream Machine Drama Ep017 (https://www.keith.law/trademark/forming-an-entity-does-not-protect-your-trademark/)—Forming an Entity Does Not Protect Your Trademark Ep018 (https://www.keith.law/trade-secret/trade-secrets-and-former-employees-effect-of-no-written-agreement/)—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.

2. 

   27 Aug 2021

   Texas Noncompete Enforceability

   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 (https://calendly.com/keithlawpllc/20minute), peruse past episodes (https://www.keith.law/category/podcast/), check out the Keith Law website (https://www.keith.law/), or contact me through my LinkedIn profile (https://www.linkedin.com/in/jason-keith-0736a931/). EPISODE-SPECIFIC LINKS: Supplementary materials (https://www.keith.law/trade-secret/texas-noncompete-enforceability/). What is a "cause of action (https://en.wikipedia.org/wiki/Cause_of_action)?" Do you know what "consideration (https://en.wikipedia.org/wiki/Consideration)" is, in the contract context? Ep021 (https://www.keith.law/business-disputes/what-is-a-contract/)—What is a Contract? This is where you can find my discussion of "consideration." Ep001 (https://www.keith.law/trademark/practical-trademark-protection/)—Discussion of participatory liability. Ep010 (https://www.keith.law/trade-secret/identifying-your-trade-secrets/)—What is a Trade Secret, and Why Should I Care? Ep011 (https://www.keith.law/trade-secret/what-is-trade-secret-misappropriation-and-a-real-world-example/)—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.

3. 

   20 Aug 2021

   What is a Contract?

   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 (https://calendly.com/keithlawpllc/20minute), peruse past episodes (https://www.keith.law/category/podcast/), check out the Keith Law website (https://www.keith.law/), or contact me through my LinkedIn profile (https://www.linkedin.com/in/jason-keith-0736a931/). EPISODE-SPECIFIC LINKS: Supplementary materials (https://www.keith.law/business-disputes/what-is-a-contract/). What is a "cause of action (https://en.wikipedia.org/wiki/Cause_of_action)?" Do you know what a "contract (https://en.wikipedia.org/wiki/Contract)" really is? Do you know what "consideration (https://en.wikipedia.org/wiki/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.

Contact Keith Law, PLLC Podcast

Guest appearances

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Based on episode analysis; this does not confirm that the show is currently accepting guests.