Nicholas Herrera

Associate | San Francisco

nherrera@mofo.com | (415) 268-7603 nherrera@mofo.com
(415) 268-7603
Nick Herrera helps companies resolve complex intellectual property disputes, trademark enforcement matters, and other commercial disputes.

Nick represents clients ranging from growth-stage companies to established industry leaders in a variety of intellectual property matters and related disputes, including cases involving trademark, copyright, trade secrets, and competitor false advertising and unfair competition claims. He has litigated cases involving technologies such as computer hardware and software and medical devices. Nick has counseled clients on pre-litigation investigations and strategy, managed all aspects of discovery, drafted and argued successful motions, taken and defended depositions, and prepared clients to testify clearly and to tell their story confidently.

Before joining the firm, Nick advised clients in the technology and enterprise software industries on matters involving trademark, copyright, and the Digital Millennium Copyright Act (DMCA) as a litigation associate at another major law firm.

Nick’s pro bono practice focuses on voting rights, asylum, and eviction defense for low-income families in San Francisco.

Nick earned his J.D. cum laude from the University of Michigan Law School, where he was a contributing editor to the Michigan Law Review. He received his B.A. in sociology and psychology magna cum laude from the University of Notre Dame.

Nick is admitted to practice in California.

Representative Experience

  • Lambda Labs, Inc. v. Lambda, Inc. (N.D. Cal.) Represented plaintiff technology company in trademark infringement action against online coding school using a confusingly similar “Lambda” mark. Obtained favorable settlement.
  • Ironhawk Technologies, Inc. v. Dropbox, Inc. (C.D. Cal.) Defended Dropbox against trademark infringement claims over its use of “Smart Sync” for software products. Won a motion for summary judgment finding no likelihood of confusion on plaintiff’s claims.
  • Alcon Vision, LLC v. Allied Vision Group, Inc. (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 permanently enjoining Defendant from selling certain Alcon contact lenses in the United States.
  • Alcon Vision, LLC v. Lens.com Inc. (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, including defending the client against antitrust and false advertising counterclaims.
  • Albert v. Embassy of Music GmbH, et al. (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.
  • Software Licensing Arbitration. 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.
  • Trade Secrets and Employment Dispute Arbitration. Represented technology company in dispute with former employee who departed with sensitive company materials. Obtained favorable settlement and secured return of all company materials.
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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.

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