Howard

Erick C. Howard

Partner

Howard

Areas of Expertise

For nearly 30 years, Erick Howard has helped clients protect their ideas, brands, and technology so they can focus on growing their businesses.

Erick combines deep expertise in intellectual property law—including trademarks, copyrights, trade secrets and patents—with a practical, business-minded approach to solving problems and avoiding them before they arise.

Erick has guided clients through the process of securing and maintaining protection for thousands of trademarks, copyrightable works and trade secrets. When disputes do occur, he is a skilled and experienced trial lawyer who has successfully represented clients in intellectual property cases across the United States and before the U.S. Patent and Trademark Office and Copyright Office. He also has extensive experience handling contract disputes, business torts and other complex commercial litigation.

Erick works closely with clients to understand their businesses, priorities and goals. He focuses on developing clear, efficient strategies to safeguard their intellectual property, strengthen their competitive position, and prevent costly disputes whenever possible.

Experience

  • Helios Software, et al. v. SpectorSoft Corp.: successfully represented the defendant in a multimillion-dollar patent infringement dispute related to employee activity monitoring software. The plaintiffs originally asserted infringement of three patents. Two of the patents were found not infringed on summary judgment. The infringement and validity of the third patent were successfully tried to a jury in Delaware district court, with the jury returning a verdict of both non-infringement of the patent and invalidity of several of the asserted claims.
  • Nova Wines, Inc. v. Adler Fels Winery, et al.:represented a Napa Valley wine producer in a trademark and trade dress infringement case against a photographer and a Sonoma wine producer attempting to introduce wine products using the image and likeness of Marilyn Monroe in violation of the client’s trade dress rights in such images.  He successfully obtained preliminary injunctive relief on behalf of the client in a case-of-first-impression decision by the federal district court holding that images of celebrities may constitute valid and protectable trademarks and trade dress.
  • Concrete Washout Systems, Inc. v. Minegar Environmental Systems, Inc.: represented a construction company in a trade secrets misappropriation and patent infringement case concerning inventions related to the disposal of concrete washout waste, obtaining summary judgment in favor of the client and defeating the plaintiff’s claims.
  • Designer Jeans Trademark Disputes: successfully defended manufacturers of high-end denim jeans against claims of trademark infringement asserted by a well-known denim jeans manufacturer.

  • Fair v. Bakhtiari, et al.: successfully represented the defendants in a contract and breach of fiduciary duty case that resulted in the California Supreme Court issuing a decision upholding important aspects of confidential communications in mediation. The Supreme Court voted 7-0 to overturn a unanimous decision in the California Court of Appeal, returning the case to the trial court. The case was tried successfully in 2008, defeating a claim of $14 million and recovering property rights for our clients worth $5 million.
  • Rabobank v. National Westminster Bank.:represented NatWest (formerly National Westminster Bank and now owned by Royal Bank of Scotland) in a claim by a major Dutch bank for approximately $200 million, involving litigation both in England and California. The case was defended successfully at trial in England, with full “indemnity” fees of approximately $25 million awarded to our client after trial.
  • Simpson Strong-Tie Company, Inc. v. Stewart, Estes & Donnell: represented a construction manufacturing client in a case resulting in a first-impression, landmark decision in the Tennessee Supreme Court regarding lawyer advertising and defamation.

Activities

  • Bar Association of San Francisco/Justice & Diversity Center
    • Board of Directors, 2016-2021
  • Coro Center for Civic Leadership -Northern California
    • Board of Directors, 2012-2021
  • Lawyer Representative for the Northern District of California
    • Lawyer Representative, 2015-2018
    • Lawyer Representative Committee, Co-Chair, 2018-2019
  • Northern District Standing Committee Regarding Professional Conduct
    • Member, 2025 — present
  • Association of Business Trial Lawyers
  • Charles Houston Bar Association
  • American Bar Association

Speaking Engagements

Notable Speaking Engagements

  • “How to Win a Trade Dress Case After Apple v. Samsung,” San Francisco Intellectual Property Law Association (SFIPLA), December 2016
  • “Protecting Product Designs Through Overlapping IP,” webinar, ABA Intellectual Property Law Section, April 2014
  • “The Blonde, the Red Shoe, and the Round-Cornered Rectangles: Debating the Frontiers of Trade Dress Law,” presenter, ABA Intellectual Property Law Section Annual Conference, April 2013
  • “Identifying Anonymous and Pseudonymous Speakers in Litigation Through Internet Service Providers,” ABA Annual Meeting,  Litigation Section, 2012
  • “Intellectual Property Primer,” presenter, California Lawyers for the Arts, 2010

Publications