Intellectual Property
at Garlin Driscoll Howard, LLC
The intellectual property department of Garlin Driscoll Howard, LLC is managed by attorney Thomas Howard, a Colorado intellectual property attorney who regularly conducts intellectual property litigation nationwide. Garlin Driscoll Howard also conducts trademark registration and copyright registration, as well as the licensing and sublicensing of patents, trademarks, copyrights and trade secrets. Each of these areas is discussed in more detail below.
Intellectual Property Litigation
The Colorado intellectual property lawyers in the intellectual property department at Garlin Driscoll Howard have top-notch litigation experience within the field of intellectual property law, including the areas of copyright infringement, trademark infringement, trade secret infringement and trade dress infringement. As demonstrated by their extensive track-record, the intellectual property attorneys at Garlin Driscoll Howard not only know and understand these fields of practice, they know how to apply the law to the individual facts of each case, thereby building a winning trial strategy.
A brief list of several of the recent intellectual property matters successfully handled by attorneys at this firm is set forth below.
Trademark Registration
In addition to providing copyright litigation, trademark litigation, trade secret litigation and patent litigation services, the trademark lawyers at Garlin Driscoll Howard provide clients with trademark registration services with the United States Patent and Trademark Office. Trademark registration services are provided for a flat legal fee of $500, plus applicable Patent and Trademark Office filing fees. That flat rate includes:
- Consultation with the client regarding the product mark or service mark requested;
- Conducting a search for potentially conflicting trademarks and advising the client regarding the results of that search;
- If no conflict exists, preparing and filing the trademark application; and
- Responding to all Office Actions received from the United States Patent and Trademark Office pertaining to the trademark application.
An additional fee of $125, plus the applicable Patent and Trademark Office filing fee, will also be charged should the filing of a statement of use or request for extension be necessary.
Copyright Registration
Garlin Driscoll Howard provides copyright registration services with the United States Copyright Office for a flat fee of $300, plus filing fees. For that amount Garlin Driscoll Howard reviews the copyrighted work, prepares the copyright application, and files the same with the United States Copyright Office on your behalf.
Recent Intellectual Property News
Copyright Litigation
Thomas Howard and Wendi Temkin recently successfully represented an artist whose copyrighted works were being published and sold without license or authority over the Internet.
Attorney Howard recently successfully represented an international filmmaker in the United States Federal Court for the District of Colorado in a copyright infringement suit involving copyrighted works infringed through unlicensed distribution and sale over the Internet.
Thomas Howard recently successfully defended a software manufacturer and distributor in the United States Federal Court for the District of Colorado in Huntsman v. Soderbergh, an action involving multiple claims filed by nine major studios and 15 directors pursuant to the Copyright Act and the Trademark Act. The Directors/Studios attempted to bar Mr. Howard’s client from marketing software allowing consumers to preprogram a DVD player to skip and/or mute specified sections of a film stored on a DVD. This lawsuit led directly to the Congressional passage, in April 2005, of the Family Movie Act of 2005, which modified both the Copyright Act and the Trademark Act, explicitly allowing for the sale of the skip/mute software designed by Mr. Howard’s client. All claims raised against Mr. Howard’s client in the United States Federal Court for the District of Colorado were dismissed.
Attorney Howard recently successfully represented a Colorado software manufacturer in a copyright infringement lawsuit involving the copying, distribution and sale of the clients’ source code.
Attorney Howard recently successfully represented Young Electric Sign Co., a nationally recognized sign design firm, in the United States Federal Court for the District of Colorado in a copyright infringement action involving the unlicensed copying and use of its architectural works.
Attorney Howard has successfully represented the American Society of Composers, Artists and Producers (ASCAP) in multiple copyright infringement actions in the United States Federal Court for the District of Colorado involving the use of copyrighted artistic works without license or permission.
Trademark Litigation
Thomas Howard recently successfully defended a large national sporting goods provider in the United States Federal Court for the District of Colorado in a dispute involving claims of trademark infringement and patent infringement.
Attorney Howard recently successfully represented the plaintiff in the United States Federal Court for the District of Colorado in a multi-defendant trademark infringement suit involving trademarks being used without license on the Internet for the purpose of advertising.
Trade Secret Litigation
Thomas Howard and Laura Moore recently went to trial in Denver District Court and obtained a judgment for violation of the Colorado Uniform Trade Secret Act and obtained damages, attorneys’ fees and an order for permanent injunctive relief barring the defendant’s use or disclosure of attorney Howard’s client’s trade secrets.
Thomas Howard and Wendi Temkin recently obtained a court order in Boulder County District Court providing permanent injunctive relief barring a defendants’ use or disclosure of a clients’ trade secrets.
Attorney Howard recently defended a party based in the People’s Republic of China in a lawsuit involving claims of theft of trade secrets. The matter was successfully settled immediately subsequent to discovery.
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