Nicholas Herrera

Associate | San Francisco
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(415) 268-7603
Nick Herrera helps companies resolve complex intellectual property disputes, trademark enforcement matters, and other commercial disputes.

Experience

(N.D. Cal.) Represented plaintiff technology company in trademark infringement action against online coding school using a confusingly similar “Lambda” mark. Obtained favorable settlement.

(C.D. Cal.) Defended Dropbox against trademark infringement claims over its use of “Smart Sync” for software products. Won a motion for summary judgment dismissing plaintiff’s claims.

(E.D.N.Y.) Represented contact lens manufacturer Alcon in trademark infringement action against seller of “gray market” goods that do not comply with U.S. law. Obtained a favorable settlement. Defendant is permanently enjoined from selling certain Alcon contact lenses in the United States.

(E.D.N.Y.) Represents contact lens manufacturer Alcon in trademark infringement action against seller of “gray market” goods that do not comply with U.S. law. Motion to dismiss counterclaims is pending.

(N.D. Cal.) Defended German music label Embassy of Music against copyright infringement, DMCA, and royalty claims related to a music video wrongfully removed from YouTube. Defeated plaintiff’s motion to amend pleadings and secured reinstatement of video to YouTube.

Represented video technology company in dispute with hardware manufacturer who failed to pay contract value for licensed software. Brought arbitration action and quickly obtained settlement on favorable terms.

Represented technology company in dispute with former employee who departed with sensitive company materials. Obtained favorable settlement and secured return of all company materials.