FAQs &
Legal Glossary
Clarity starts here.
Choosing a law firm is an important decision, and clear information helps. Here you’ll find answers to common questions about who we are, what we do, and how we work with clients. If your question is not listed, contact us and we will be glad to help.
Frequently Asked Questions
Who is Griffith Barbee?
We’re a boutique Dallas-based law firm formed by seasoned trial attorneys, focused exclusively on intellectual property and commercial litigation. We work with companies, innovators, and business leaders to protect and enforce their rights—and we bring creativity, drive, and individual attention to every case.
What makes Griffith Barbee different?
Unlike large “one-size-fits-all” firms, we offer highly experienced teams and deep focus in IP and business litigation. We build real relationships, understand your business goals, and advocate with strategy and heart—not just rote legal muscle.
What is the first step?
Just reach out. We’ll start with a no-pressure, no-obligation conversation about your situation and your goals, then map out how we can help you—whether it’s evaluating risk, strategizing enforcement, or preparing for trial.
What types of cases do you handle?
We handle a wide variety of disputes and counseling in the IP space (patents, trademarks, copyrights, trade secrets, etc.), as well as commercial disputes and litigation. We also advise on transactions, licensing, and strategic counseling to help prevent conflicts before they escalate.
What types of clients do you typically represent?
We work with entrepreneurs, individuals, and startups who want to build IP protection early in their lifecycle or who encounter a business dispute. We also work with established companies to manage or defend their portfolios or to resolve a commercial controversy through litigation. Regardless of the size of company, or type of industry, our team combines years of IP and commercial litigation experience with business insight and courtroom skill to protect our clients’ best interests.
Do you work outside of Texas?
We practice in federal courts across the country and federal and state courts within Texas. We also regularly act as local counsel for out-of-state firms in Texas. Our base is Dallas, but our reach is national.
Can you help enforce my rights if someone copies my work?
Yes. We can send cease-and-desist letters, negotiate resolutions, and litigate when necessary to stop infringement and recover damages.
What should I do if I receive a cease-and-desist letter?
Don’t panic or respond immediately. Call us and we’ll evaluate the claim and develop a smart, strategic response to protect your interests.
Can Griffith Barbee handle appeals?
Absolutely. Our attorneys represent clients in complex IP and commercial disputes at both trial and appellate levels.
How much does IP protection cost?
Costs vary by type and complexity. We are happy to discuss this in our initial conversation and assessment once we understand your situation, budget, and objective. Learn more about our fee arrangements.
Do you offer bilingual services?
Several of our attorneys speak multiple languages, including Spanish, Korean, and Thai. Please contact us for more information.
Glossary
Appellate Litigation
The process of challenging or defending a trial court decision in a higher court.
Arbitration
A private dispute‑resolution process where a neutral arbitrator issues a binding or non‑binding decision.
Breach of Contract
Failure to fulfill the terms of a binding agreement.
Brand Protection
Strategies and legal tools used to safeguard a company’s intellectual property.
Business Tort
A wrongful act causing financial harm to a business such as fraud or tortious interference.
Cease-and-Desist Letter
A formal notice demanding someone stop unlawful or infringing behavior.
Commercial Litigation
Legal disputes between businesses relationships, including contracts, partnerships, transactions, or operations.
Confidentiality Agreement
A contract requiring parties to keep specified information private.
Copyright
Legal protection for original creative works such as writing, software, music, or art.
Damages
Monetary compensation awarded for losses caused by another party.
Declaratory Judgment
A court ruling clarifying legal rights before conflict escalates.
Enforcement Action
Legal steps taken to stop infringement or unlawful conduct.
Exemplary Damages
Punitive damages awarded to punish and deter egregious misconduct.
Fair Use
A doctrine permitting limited use of copyrighted material without permission under certain circumstances.
False Advertising
Misleading claims about products or services that deceive customers.
False Claims Act
A law allowing individuals to sue on behalf of the government for fraud against federal programs, often referred to as a “whistleblower” claim.
Fiduciary Duty
The legal obligation to act in another party’s best interest.
Fraud
A false or misleading statement or omission made knowingly or recklessly, with the intent that another party rely on it.
Generic Mark
A term that refers to a category of goods or services rather than identifying its source, and therefore cannot function as a trademark.
Hostile Work Environment Claim
A claim involving harassment or discrimination that creates an abusive workplace.
Infringement
Unauthorized use of someone else’s protected intellectual property.
Injunction
A court order requiring a party to stop or perform a specific action either during litigation (preliminary injunction) or after litigation (permanent injunction).
Intellectual Property (IP)
Creations of the mind protected by law such as inventions, literary and artistic works, designs, logos, and symbols.
Jurisdiction
A court’s authority to hear and decide disputes.
Key Employee Clause
A contractual clause restricting key employees from competing or disclosing trade secrets.
Licensing Agreement
A contract permitting the use of intellectual property under defined terms.
Litigation Hold
A directive requiring preservation of documents and data when litigation is anticipated.
M&A Litigation
Disputes arising from mergers or acquisitions.
Mediation
A dispute‑resolution process involving a neutral mediator who helps parties reach agreement.
Misappropriation
The wrongful use of another’s confidential or proprietary information.
Non‑Compete Agreement
A restriction on competing within certain limits of time or geography.
Non‑Disclosure Agreement (NDA)
A contract protecting confidential information shared between parties.
Non‑Solicitation Agreement
A contract limiting solicitation of clients, customers, or employees.
Opposition Proceeding
A challenge filed to block a trademark application at the TTAB.
Patent
A government-granted right granted to inventors for new products or processes.
Prior Art
Existing information or inventions relevant to determining whether a patent is novel.
Quitclaim Assignment
A transfer of IP rights made without warranties.
RICO (Racketeer Influenced and Corrupt Organizations)
A federal law targeting organized or repeated patterns of fraud or corruption.
Right of Publicity
Control over the commercial use of one’s name, image, or likeness.
Royalty
A payment made to an IP owner for licensed use of their property.
Statute of Limitations
The legally imposed deadline for filing a claim.
Tortious Interference
Improper actions that disrupt another’s business relationships or contracts.
Trade Dress
The overall commercial appearance of a product or service that signifies the source and distinguishes it from others. Trade dress can include the design and packaging, as well as visual elements such as size, shape, color or texture to the extent that such elements are not functional.
Trade Secret
Confidential business information that provides a competitive advantage such as formulas, processes or customer lists. Must be actively protected from disclosure (NDAs, passwords, etc.) to be considered a trade secret.
Trademark
A word, symbol, or design that identifies and distinguishes the source of goods or services.
Unfair Competition
Deceptive or unethical business practices that cause economic harm.
Venue
The proper geographic location where a lawsuit is filed.
Whistleblower Claim
A legal action brought by an employee who exposes fraudulent or unlawful conduct by their employer.
Work Made for Hire
A classification in which the employer or commissioning party owns the created work.
Zone of Natural Expansion
A trademark doctrine allowing protection in markets a brand would reasonably expand into.