Andy Nikolopoulos

Latest Articles

Trade Secret Protection v. Patent Protection: A Risk-Reward Decision That Can Have Major Implications

By Andy Nikolopoulos on April 9, 2018

There is much confusion in the public about the difference between a trade secret and a patent. Both are associated with innovation, and each constitute a business asset that should be vigorously protected. But why do some companies choose to patent their innovation while others choose to cloak it as a trade secret? The Uniform Trade Secrets Act defines a trade secret as information that: (1) derives economic value from not being generally known or…

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Are You A Cybersquatter, Or Are You Just Being Cyberbullied?

By Andy Nikolopoulos on October 29, 2017

The last decade has seen an unprecedented growth in technology, which has paved the way for internet globalization and given new meaning to the term “international commerce”. Consequently, the digital highway has become populated with modern day highwaymen out for a fast buck. These rogues, known as “cybersquatters”, are individuals who register domain name addresses with the primary purpose of reselling them. Therefore, trademark holders are forced to pay these cybersquatters a substantial amount of…

Lone Star Bench & Bar

Be Careful When Sending Out That Cease and Desist Letter To Protect Your Trademark

By Andy Nikolopoulos on July 27, 2017

It has become an almost perfunctory practice. You catch wind of another business using a confusingly similar name. You then call a lawyer to immediately send out a cease and desist letter. More often than not, this would be the right play. But there are pitfalls to this strategy if you are not careful. In order to understand how a cease and desist letter can backfire in certain situations, it is important to understand how…

Lone Star Bench & Bar

Important Changes to the Landscape of Premises Liability Cases in Texas

By Andy Nikolopoulos on June 14, 2017

The Texas Supreme Court in 2015 issued an opinion that should make it easier for defendants to win summary judgment in premises liability cases. In Austin v. Kroger Texas, L.P. (2015), the Court clarified that an invitee’s awareness of a dangerous premises condition does not bear on the issue of contributory negligence, but instead relieves the landowner of a legal duty to warn the invitee of the condition. This holding effectively reinstates the “no duty”…

Lone Star Bench & Bar

Protecting Your Copyright Is Both Easier and Harder Than You Think

By Andy Nikolopoulos on April 8, 2017

One of the ironies in the business world is that the foresight and planning that goes into a creative work is often left behind when it comes to the subsequent protection of these efforts. Copyright protection is a concept that many are familiar with on a superficial level. But a lot of confusion exists as to what copyright protects and how you go about obtaining that protection. Copyright protects original works of authorship including literary,…

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Protecting Your Business Name Is Not As Simple As Paying a Visit to GoDaddy

By Andy Nikolopoulos on January 9, 2017

When starting a new business, it is easy to get caught up in the excitement of putting all of your creative energy into the development of the goods and services that will serve as the backbone of your enterprise. Unfortunately, it is also easy to put important and fundamental components of the business plan on the backburner. One such component is the business name and associated brand. Business owners sometimes assume that the business name…

Lone Star Bench & Bar

Social Media Can Be A Surprising Hotbed of Non-Compete Violations

By Andy Nikolopoulos on November 4, 2016

Traditionally, violations of post-employment restrictive covenants were based on former employees actively contacting customers or past co-workers in the real world, or setting up a new brick and mortar business doing the same thing within a confined mile radius. However, the advent of e-commerce and social media has blurred the lines of acceptable (or even legal) behavior in the competitive business environment. Routine activities on sites such as Facebook, LinkedIn and Twitter can now run…

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Spoliation May Be Harder To Prove Now, But It Is Still A Dirty Word In Texas

By Andy Nikolopoulos on November 2, 2016

Few things in the course of litigation can come back to bite you with the ferocity of a spoliation instruction. Even the threat of one can cause seasoned litigators to lose sleep and ponder the extent to which their case can be damaged, despite the months or years of hard work in building a defense. Worse yet, these fiascos tend to catch lawyers off-guard, as they seemingly come out of nowhere when opposing counsel inquires…

Lone Star Bench & Bar

Federal vs. Texas Depositions: Use the Rules to Your Advantage!

By Andy Nikolopoulos on October 25, 2016

I have seen it many times. A deposition is taken in a federal case, and the lawyers agree to take it by the Texas rules. They may even be vague and simply agree to take it “by the rules”, or even stay silent for that matter. I have a sneaky suspicion that many times these agreements are made due to a lack of familiarity with the federal rules with respect to depositions. But if you…

Andy Nikolopoulos

Trade Secret Protection v. Patent Protection: A Risk-Reward Decision That Can Have Major Implications

Are You A Cybersquatter, Or Are You Just Being Cyberbullied?

Be Careful When Sending Out That Cease and Desist Letter To Protect Your Trademark

Important Changes to the Landscape of Premises Liability Cases in Texas

Protecting Your Copyright Is Both Easier and Harder Than You Think

Protecting Your Business Name Is Not As Simple As Paying a Visit to GoDaddy

Social Media Can Be A Surprising Hotbed of Non-Compete Violations

Spoliation May Be Harder To Prove Now, But It Is Still A Dirty Word In Texas

Federal vs. Texas Depositions: Use the Rules to Your Advantage!

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