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 and 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, attorney Howard frequently negotiates and drafts intellectual property-related agreements, including nondisclosure and license agreements. He has recently negotiated and drafted such agreements for clients with parties as diverse as Microsoft, Best Buy, Phillips and Hyperion.

Attorney Howard also files trademarks and copyrights on the behalf of clients in order to protect their intellectual property rights.  He represents clients before the Trademark Trial and Appeal Board (TTAB) in the event that any third-party files an opposition proceeding with the TTAB in response to the approval of a client’s trademark registration, or should a client wish to file such an action.   

Clients

Thomas P. Howard has represented numerous corporate and individual clients over the course of his practice.  He has been sole or joint counsel in the trial of cases in federal and/or state courts in multiple states. 

Intellectual Property Litigation

Among Attorney Howard’s clients have been a number of parties interested in protecting their intellectual property rights.  Several more recent matters that involve intellectual property-related disputes include the following:

• In 2005, Attorney Howard successfully defended a software manufacturer in the United States Federal 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 the congressional modification of both the Trademark Act and the Copyright Act.  All claims filed by the studios/directors against Attorney Howard’s clients were dismissed.      
• In September 2007 Attorney Howard represented Plaintiff Saturn Systems, Inc. at trial in the Denver District Court involving claims under the Colorado Uniform Trade Secrets Act as well as breach of contract and obtained damages and attorneys’ fees totaling over $70,000, as well as permanent injunctive relief.
• In April 2007, Thomas Howard obtained a court order in Boulder County District Court providing permanent injunctive relief barring a defendants’ use or disclosure of his clients’ trade secrets.
• In 2006 Attorney Howard successfully represented a client in the United States Federal Court for the District of Colorado against claims of trademark infringement, filed counterclaims alleging patent infringement, achieved a denial of summary judgment, and obtained settlement and dismissal of all claims.
• In 2006 Attorney Howard successfully represented a client alleging trademark infringement against defendants using the clients’ trademarks without license or permission on Internet advertising.
• In 2005 Attorney Howard successfully represented a Colorado software manufacturer in a copyright infringement lawsuit involving the copying, distribution and sale of the clients’ source code.    
• In 2005 Attorney Howard successfully represented Young Electric Sign Co. in the United States Federal Court for the District of Colorado in a copyright infringement action involving the copying of archectural works.
• In 2006 Attorney Howard defended a client in the Boulder 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.
• 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.

Complex Civil Litigation

Attorney Howard frequently represents parties with regards to complex commercial disputes involving breach of contract, interference with contract, breach of fiduciary duty, conspiracy, fraud, fraudulent transfer of assets, trespass, negligence and nuisance.  For instance:

• Attorney Howard in February 2008 argued a jury trial in Boulder County District Court involving claims of trespass, negligence and nuisance and 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 new trial or judgment notwithstanding the verdict.  That motion was denied on all counts on April 16, 2008.
• Attorney Howard in November 2007 went to trial in Arapahoe District Court on the behalf of a client and obtained a judgment for damages and attorneys’ fees arising from breach of contract, unjust enrichment, and civil theft.  Damages are still pending.
• Attorney Howard in July 2007 obtained a judgment in the Boulder District Court on the behalf of a client in the amount of $582,614 arising from check fraud and civil theft.
• Attorney Howard in January 2006 went to trial in El Paso County District Court in a breach of contract, defamation, interference with contract and conspiracy matter involving counterclaims against attorney Howard’s’ clients of over $500,000.  The court awarded attorney Howard’s clients damages, dismissed all alleged counterclaims against the same and awarded them their attorney’s fees.  On appeal attorney Howard was again retained; the Colorado Court of Appeals upheld the decision of the district court.
• Attorney Howard recently represented a plaintiff partly through trial in a complex action involving a fraudulent transfer of assets, exemplary damages, and the piercing of a corporate veil.  The case was settled subsequent to his presentation of plaintiffs' case.
• Attorney 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. 
• Attorney Howard recently defended a Colorado contractor accused of violating the Colorado Consumer Protection Act.  The Court dismissed the claim and awarded attorney’s fees to Attorney Howard’s client.
• Attorney Howard recently co-directed a successful and highly complex eleven month international insurance fraud investigation regarding a claim of over forty-five million dollars.

Professional Activities

Thomas P. Howard is a member of the American Bar Association, the Colorado Bar Association and the Boulder Bar Association.

Bar and Court Admissions   

Attorney Howard is a member of the bar of the State of Colorado, the District of Colorado, the State of Massachusetts and the District of Massachusetts. 

Education

J.D., Boston College, 1995 (Cum Laude)
B.A. University of California at Berkeley, 1992 (highest honors, first in class of 824 students)

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