AEM & Associates, Inc. v. Write Systems
(U.S. District Court for the District of Northern California). Thomas P. Howard represented plaintiff in copyright infringement action. Case settled immediately prior to hearing on motion for preliminary injunction.
AEM & Associates, Inc.
Thomas P. Howard represented plaintiff in trademark action against party using trademark on Internet without authorization. Achieved cessation of use without resort to suit.
American Society of Composers, Artists and Producers (ASCAP).
(U.S. District Court for the District of Colorado). Thomas P. Howard successfully brought multiple copyright infringement matters to successful settlements on the behalf of client.
Brain Matters, Inc.
Thomas P. Howard filed appeal of PTO’s final refusal of client’s trademark application; obtained rescission of final refusal and allowance of application.
D&D Creations.
Thomas P. Howard represented distributor of sporting goods equipment in complex contract dispute with national retail outlet. Dispute successfully settled through negotiations without filing of lawsuit.
Frankoma Pottery
(U.S. District Court for the District of Colorado). Assisted in representation of defendant in trade dress infringement action in matter involving ceramic pottery. Case settled subsequent to discovery.
Faster Horses, Inc.
Thomas P. Howard successfully obtained trademark of company logo after client’s application encountered rejection by Patent Trademark Office.
Alpine Hopitality
(District Court, Denver County Colorado). Thomas P. Howard represented a defendant-counterclaimant in a dispute involving a hotel management contract. Matter successfully settled following discovery.
Huntsman v. Soderbergh, et al.
(U.S. District Court for the District of Colorado). Thomas P. Howard recently represented Defendant Nova Group, Inc. d/b/a Trilogy Studios, Inc. in Huntsman v. Soderbergh, an action filed by nine studios and 15 directors, pursuant to the Copyright Act and the Trademark Act. The Directors/Studios attempted to bar Trilogy from marketing software allowing consumers to skip and/or mute specified sections of a film stored on a DVD. After litigating this copyright and trademark dispute for nearly two years in the United States Federal Court for the District of Colorado, the matter was taken to both houses of Congress. In April 2005, Congress issued the Family Movie Act of 2005, which modified both the Copyright Act and the Trademark Act, explicitly allowing for the precise type of software sold by Trilogy Studios. Immediately thereafter, in July 2005, all claims raised against Trilogy Studios were dismissed.
Intermountain Connect, LLC.
Thomas P. Howard represented plaintiff in copyright action against party using copyrighted work on Internet without authorization. Achieved cessation of use without resort to suit.
Nedco Sports, Inc.
(U.S. District Court for the District of Colorado). Thomas P. Howard, Esq. recently defended Nedco Sports, Inc. in a trademark infringement lawsuit filed in federal court in June of 2005. Plaintiff filed a motion for summary judgment in April 2006; oral arguments were heard before Judge Richard P. Matsch in June 2006. Plaintiff’s motion for summary judgment was denied. Nedco Sports then moved to file counterclaims against Plaintiff alleging patent and trademark infringement. Prior to any ruling on Nedco’s motion, the case was settled.
Shapiro, et al. v. Marlow, et al.
(District Court, El Paso County, Colorado). Thomas P. Howard represented plaintiff and counterclaim defendants through trial. Court allowed plaintiff’s breach of contract claim, dismissed all counterclaims and awarded attorney’s fees to counterclaim defendants. Decision appealed; parties again represented by attorney Howard. On August 3, 2006 Colorado Court of Appeals upheld decision of El Paso District Court.
Er Wang Song.
(Boulder County District Court) Thomas P. Howard represented defendant in employer-employee dispute involving allegations of trade secret litigation. Matter successfully settled following discovery.
Young Electric Sign Company
Thomas P. Howard, Esq. recently represented Plaintiff Young Electric Sign Company in a copyright infringement lawsuit filed in federal court pertaining to the usage of its copyrighted signage without license or permission. The case was settled pursuant to a settlement agreement under which Defendants paid copyright infringement damages for the purpose of settlement and explicitly admitted that they had unlawfully and wrongfully used, without permission or license, Plaintiff's Copyrighted Work.
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