Thomas P. Howard
Thomas Howard is an experienced trial lawyer practicing with an emphasis in intellectual property disputes (including copyright, trademark, trade dress, trade secret, Web site infringements and other Internet-related disputes) as well as complex civil litigation (including breach of contract, interference with contract, breach of fiduciary duty, conspiracy, fraud, fraudulent transfer, trespass, negligence and nuisance).
In addition to representing clients involved in litigation, Thomas Howard frequently negotiates and drafts intellectual property-related agreements, including nondisclosure and license agreements. He has drafted and negotiated such agreements on behalf of his clients with parties as diverse as Microsoft, Best Buy, Phillips and Hyperion.
Thomas Howard also files trademarks and copyrights on behalf of clients in order to protect their intellectual property rights. He represents clients before the Trademark Trial and Appeal Board (TTAB) when any third-party files an opposition to the approval of a client's trademark registration, or when a client wishes to file such an action.
Thomas Howard represents both corporate and individual clients. He has been sole or joint counsel in trials in federal and/or state courts in numerous jurisdictions throughout the country.
Intellectual Property Litigation
Thomas Howard's clients include parties interested in protecting their intellectual property rights. Recent intellectual property-related matters include the following:
- Thomas Howard successfully defended a software manufacturer in the United States District Court for the District of Colorado in the high-profile Huntsman v. Soderbergh lawsuit, a trademark and copyright infringement matter involving claims filed by nine major studios and 16 Hollywood directors. This matter led directly to congressional modification of both the Trademark Act and the Copyright Act. All claims filed by the studios/directors against Thomas Howard's client were dismissed.
- Thomas Howard represented client at trial in the Denver District Court involving claims under the Colorado Uniform Trade Secrets Act as well as breach of contract. Thomas Howard obtained monetary damages, attorneys' fees, and permanent injunctive relief for his client.
- In an emergency proceeding, Thomas Howard obtained permanent injunctive relief on behalf of a Boulder County client barring the defendants' use or disclosure of his client's trade secrets.
- Thomas Howard successfully defended a client in the United States District Court for the District of Colorado against claims of trademark infringement. Thomas Howard turned the tables by filing counterclaims alleging patent infringement. He achieved a denial of summary judgment on the plaintiff's claims and obtained a monetary settlement on behalf of his client.
- Thomas Howard obtained monetary and injunctive relief on behalf of a client whose trademarks were infringed without license or permission in Internet advertising.
- Thomas Howard successfully represented a Colorado software manufacturer in a copyright infringement lawsuit involving the unlawful copying, distribution and sale of the client's source code.
- Thomas Howard successfully represented Young Electric Sign Co. in the United States District Court for the District of Colorado in a copyright infringement action involving the copying of architectural works.
- Thomas Howard defended a client in the Boulder County District Court in a matter involving claims of theft of trade secrets and breach of fiduciary duty. The matter was successfully settled and dismissed subsequent to discovery.
- Thomas Howard has successfully represented the American Society of Composers, Artists and Producers (ASCAP) in multiple copyright infringement actions in the United States District Court for the District of Colorado involving the use of copyrighted artistic works without license or permission.
Complex Civil Litigation
Thomas Howard frequently represents parties in complex commercial disputes involving breach of contract, interference with contract, breach of fiduciary duty, conspiracy, fraud, fraudulent transfer of assets, trespass, negligence and nuisance. Recent matters include:
- In a jury trial in Boulder County District Court involving claims of trespass, negligence and nuisance, Thomas Howard obtained a jury verdict totaling $269,000 plus interest and costs on the behalf of his clients. All counterclaims for damages raised by defendants were denied. Subsequent to trial, Defendants moved for a new trial or judgment notwithstanding the verdict. That motion was denied on all counts.
Thomas Howard went to trial in Arapahoe County District Court on behalf of a client and obtained a judgment for damages and attorneys' fees arising from breach of contract, unjust enrichment, and civil theft.
- Thomas Howard obtained a judgment in Boulder County District Court on behalf of a client in the amount of $582,614 arising from claims of check fraud and civil theft.
- Thomas Howard went to trial in El Paso County District Court in a case involving claims of breach of contract, defamation, interference with contract and conspiracy. The defendant asserted counterclaims of over $500,000 against Thomas Howard's clients. The court awarded damages and attorneys' fees to Thomas Howard's clients and dismissed all counterclaims. Thomas Howard was retained to handle the appeal as well; the Colorado Court of Appeals upheld the decision of the District Court.
- Thomas Howard recently represented a plaintiff in a complex action involving the fraudulent transfer of assets, exemplary damages, and the piercing of a corporate veil. The case settled subsequent to his presentation of plaintiff's case.
- Thomas Howard recently defended the owner of a large hotel franchise in a breach of contract dispute involving a business management contract. The matter was successfully settled subsequent to discovery.
- Thomas Howard recently defended a Colorado contractor accused of violating the Colorado Consumer Protection Act. The court dismissed the claim and awarded attorneys' fees to Thomas Howard's client.
On behalf of his insurance company client, Thomas Howard co-led an 11-month complex international insurance fraud investigation regarding a claim of over $45 million.
Areas of Practice
- Intellectual Property Law
- Business & Commercial Law
- Litigation & Appeals
- 85% of Practice Devoted to Litigation
- Massachusetts, 1995
- Colorado, 2000
- U.S. District Court District of Colorado
- U.S. District Court District of Massachusetts
- Boston College Law School, Boston, Massachusetts
- J.D. cum laude - 1995
- University of California at Berkeley, Berkeley, California
- B.A. - 1992
- Honors: Highest Honors
- Honors: Phi Beta Kappa
- Major: Political Science
Professional Associations and Memberships
- American Bar Association, Member
- Colorado Bar Association, Member
- Boulder Bar Association, Member