Archives: Attorneys

Tarig Anani

Tarig Anani is a Partner in McCathern’s Dallas office and is the head of the firm’s Corporate Services practice. Tarig joined the firm in early 2023, bringing over 30 years of experience in this specific practice area. Tarig is very experienced acting as outside General Counsel for small and medium-sized businesses, particularly in the software […]

Scott J. Becker

Scott Becker joined McCathern as a Partner in 2019, where is focuses his practice on Family Law, Civil Litigation, and Criminal Defense matters. Before joining the firm, Scott presided over the 219th State District Court in Collin County, Texas from 2010 through 2018. As a court of general jurisdiction, Scott presided over a broad variety […]

Justin N. Bryan

Attorney Justin N. Bryan joined the McCathern Dallas office in 2016 and his legal practice focuses on Business & Commercial Litigation, Directors & Officers Liability, and Securities Litigation, but he has experience in many areas of law. Justin represents defendants in complex multi-million dollar litigation and has also recovered millions of dollars for plaintiffs. Justin […]

Brett M. Chisum

Brett M. Chisum joined McCathern, Shokouhi, Evans in 2012 after graduating with honors from Southern Methodist University’s Dedman School of Law and was named a partner in 2019.  Brett handles a wide variety of both transactional and litigation matters, including drafting company agreements, providing regulatory compliance, and pursuing and defending claims based on breach of […]

Rodney L. Drinnon

Rodney L. Drinnon is an experienced litigator who handles complex civil litigation in cases in both federal & state courts. He has served as the lead trial lawyer on matters ranging from antitrust actions, contested corporate control disputes, director and officer liability, contract disputes, employment matters (including misappropriation of trade secrets, restrictive covenants, and Department […]

Shane Eghbal

Shane Eghbal joined the McCathern Dallas office in 2016 as an associate attorney and was named a partner at the firm in 2023. Since joining the firm, Shane has developed and displayed a versatile legal skillset, representing his clients in a wide variety of litigation and transactional matters on both sides of the docket in […]

Carl L. Evans, Jr.

Carl L. Evans, Jr. is an Equity Partner in the McCathern, Shokouhi, Evans law firm and he practices in the areas of non-subscriber employer defense, trucking, liquor liability, employment, commercial, construction, subrogation, tort and insurance litigation. He has an extensive litigation and trial background, having tried numerous cases in state and federal courts. Carl has also obtained […]

Jennifer L. Falk

Jen Falk joined McCathern’s Dallas office as a partner in 2022 after a renowned career in the Harris County District Attorney’s Office and the Dallas County District Attorney’s Office. Jen brings extensive experience handling high-pressure and high-exposure legal matters, which is immediately benefitting McCathern’s clients across several practice areas, including Business & Commercial Litigation, Family […]

Matthew Gilpin

Matthew Gilpin is a Partner at McCathern’s Dallas office whose practice primarily focuses on probate matters, estate administrations, and inheritance issues. Matthew’s probate experience involves managing all aspects of cases – legal and administrative – from start to finish. This includes helping his clients find the most efficient and cost-effective solutions to settling estate matters.  […]

Everett Hinchcliffe

Attorney Everett Hinchcliffe is a partner at McCathern’s Los Angeles office. He was previously a senior partner with Braden, Hinchcliffe & Hawley and joined McCathern through their merger. Everett served as Braden, Hinchcliffe & Hawley’s Litigation Director, overseeing all litigation and handled all major trials. Everett has practiced as an attorney since 1974, litigating more […]

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Why You Should Register Your Trademarks

August 8, 2025

I wrote an article on this topic nine years ago. It seems like an appropriate time for an update. This is because trademarks and trademark law remain a tricky legal property right. Trademarks are “owned” by the individual or entity that uses the mark as a source-identifier in conjunction with goods or services in commerce. Yet the underlying purpose of trademarks is to protect the relevant consumer. Trademarks are only protectable to the extent the consumer associates that mark with the source of particular goods and services. Any value associated with the trademark is derived from this foundation. Which brings us to the most important question: how do you get a trademark? It is not difficult. The exact moment you select a word, logo, slogan, phrase, or design – and “use” it in association with particular goods and services in the stream of commerce, it becomes a legal trademark. While the definition of “use” can be nebulous and imprecise, essentially any sales or marketing efforts that target consumers or customers across interstate lines can be proper trademark “use” that breathes life into a mark. This provides what is known as “common law” trademark rights. These rights are absolutely enforceable in a court of law. The obvious follow-up question is: if getting a trademark is so easy, why should I bother going through the process of applying for a state or federal trademark registration? Or more importantly: what do I get for my money? Registered trademarks provide substantial additional rights and presumptions which can save you hundreds of thousands of dollars in the long run. Common Law Trademark Rights  Trademarks “protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods.”[1] A junior user with a confusingly similar mark in commerce is exposed to a lawsuit for common law trademark infringement in state or federal court. Meanwhile, in a linguistic quirk that causes continuing problems, the term “trademark” is often confused with “trademark registration.” They are vastly different things. You should not feel bad though – even practicing lawyers make this mistake. But colloquial uses lead to confusion by the public at large. In the United States, “common law” trademark rights do exist, and U.S. courts of law will strongly enforce these marks against unauthorized uses. The primary statutory authority for trademarks, the federal Lanham Act, also protects common law trademarks from infringement. While the term “unregistered trademark” has the ring of inadequacy, the owner of an unregistered trademark can still recover monetary damages and injunctive relief against a junior user that has infringed that mark. Remember, trademarks protect the consuming public, even if the “owner” gets to recover monetary damages. As a result, common law marks protect the consumer just as much as registered marks do. This is because the law and public policy cannot allow there to be confusion in the marketplace. That being said, the United States Patent and Trademark Office would naturally prefer that owners of trademark rights take the necessary steps to formally register all eligible trademarks. It helps to provide notice and information to the relevant consumer. It also helps to organize and identify the owners of trademarks. Registration brings a sense of order to an area of the law that often lacks certainty or predictability. As an incentive to register trademark rights, the Lanham Act and the USPTO provides additional benefits to those that maintain registered trademarks. These rights are above and beyond the rights afforded common law trademark owners. Trademark Registration It helps to remember that your trademark is an extension of you and your business. All things considered, the costs for registration and enforcement are reasonable. It should also be seen as a long-term investment in your business. There is commercial value in trademarks, and your business should recognize this value by acquiring a registration if possible. There are two ways to register trademarks. In addition to the more popular federal registration, each of the fifty states allows for trademarks to be registered for intrastate uses. For example, I am licensed to practice law in the State of Texas. The Texas Secretary of State permits the registration of trademarks for their use within Texas. These uses must be in Texas, the mark must meet certain standards for “distinctiveness,” and the mark cannot be confusingly similar to any other marks currently registered in Texas for the relevant goods and services.[2] Similar requirements are present in all of the other states for registration. Most importantly, Texas provides the following benefits for a state trademark registration: Registration puts the rest of Texas on notice that you claim ownership of the mark in Texas commerce in connection with the relevant goods or services. A certificate of registration is prima facie (rebuttable) proof of: 1) the validity of the registration; 2) the registrant’s ownership of the mark; and 3) the registrant’s exclusive right to use the mark in Texas in connection with the relevant goods or services. Texas law provides a statutory cause of action for infringing upon a registered mark. It is a crime to counterfeit registered marks.[3] These are rights which are not generally afforded to common law trademarks. You do not need an attorney to register a trademark with the State of Texas (though it is strongly advised). The application fees are relatively affordable in Texas, too – currently only $50 per “class” of goods or services. Everything is bigger in Texas, of course, but if you market and sell your good and services nationwide (the Internet has made such “use in commerce” almost standard), acquiring a state-based registration is nice, but it is not as strong as acquiring a federal trademark registration through the USPTO. As an attorney, I recommend seeking to register all such trademarks with the USPTO as soon as possible. The fees are higher than a state-based registration (currently as low as $350 per application). The process is also more in-depth and complicated. The

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DANIEL K. HAGOOD P.C. MERGES WITH McCATHERN, SHOKOUHI, EVANS TO LAUNCH WHITE COLLAR & GOVERNMENT INVESTIGATIONS PRACTICE

August 4, 2025

Dallas, TX – 8/4/2025 – We are proud to announce the merger of Daniel K. Hagood P.C., a highly respected Dallas-based practice, with McCathern, Shoukouhi, Evans (McCathern PLLC). Known for excellence in white collar and criminal defense, the addition of Mr. Hagood and his team marks the launch of our new White Collar & Government Investigations practice area.   This merger brings veteran trial attorney Daniel K. Hagood, Alexandra Hunt, and Alexis Fowler to our firm. Joining them in this new practice area are McCathern, Shokouhi, Evans Partner Jennifer L. Falk, and Associate Attorney Jordan A. Carter. Together, they form a powerhouse group dedicated to defending clients in complex, high-stakes criminal matters.   “Merging with Dan Hagood and his team of attorneys allows us to expand our ability to defend clients in the most complex white collar and criminal matters,” said Arnold Shokouhi, Managing Partner of McCathern, Shokouhi, Evans. “Their unmatched experience and dedication to protecting clients’ rights and reputations align perfectly with our mission to deliver exceptional legal counsel and improve people’s lives.”   With more than 75 years of combined experience, the team brings unparalleled skill and perspective to defending clients in sensitive and challenging matters. Daniel K. Hagood is a nationally recognized defense counsel whose career has spanned some of the most complex and high-profile cases in Texas and beyond. Jennifer L. Falk has built a reputation over two decades as one of Texas’s most respected prosecutors and defense attorneys, earning trust through her command of the courtroom and strategic insight. Alexandra Hunt is a rising leader in the field, known for her meticulous preparation, sharp advocacy, and ability to navigate intricate investigations with precision.   At McCathern, Shokouhi, Evans, the team understands the enormous stakes involved in these cases—criminal penalties, professional licenses, careers, and businesses are often on the line. The firm’s attorneys are highly skilled in managing multi-agency investigations and parallel civil, criminal, and regulatory proceedings with discretion and precision.   “We are honored to welcome this exceptional team and to expand our ability to deliver comprehensive defense for complex white collar and government matters,” added Shokouhi.   For media inquiries, please contact McCathern Law Firm at 214-741-2662 or at marketing@mccathernlaw.com.   Pictured L to R: Daniel K. Hagood, Jennifer L. Falk, Alexandra Hunt, Alexis Fowler, Jordan A. Carter

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