Gina Durham’s practice focuses on domestic and foreign intellectual property matters.

She has a diverse range of clients, for whom she litigates unfair competition, trademark, copyright, trade-dress, anti-counterfeiting, patent and domain name cases in multiple districts throughout the country. Recently, Ms. Durham represented a leading sports and fitness company in a trial under the amended Federal Trademark Dilution Act.

Ms. Durham has deep experience in strategic management of multi-suit litigation. She has managed enforcement and litigation efforts on a national basis for a well-known airline in cases involving unauthorized ticket brokering. She has also successfully pursued spammers infringing on the famous brand of a Fortune 500 company through multiple lawsuits seeking remedies under the Lanham Act and anti-spam laws. In addition, Ms. Durham regularly practices in front of the Trademark Trial and Appeal Board, where she represents well-known brand owners in ex parte appeals, oppositions and cancellation matters.

In addition to her litigation practice, Ms. Durham counsels clients on domestic and foreign trademark prosecution matters, brand clearance, pre-litigation policing programs and intellectual property portfolio management. She has extensive experience representing companies in connection with Internet issues, website terms of use and enforcing proprietary rights in software and other digital content.

During her time at DLA Piper, Ms. Durham spent an extended amount of time working “on loan” within a major software corporation advising on matters related to large scale anti-counterfeiting efforts and negotiating software licensing agreements. She is regularly consulted by her pharmaceutical, financial services and consumer goods clients on the adoption and strategic international protection of high-profile brand names and other intangible assets.

Recent Representative Cases

• Craig R. Bell d/b/a Destinee Eploriums v. Harley-Davidson Motor Company et. al., 539 F.Supp.2d 1249 (S.D. Cal. 2007): Represented Harley-Davidson in a successful summary judgment motion to dispose of trademark infringement claims based on fair use defense.
• Nike, Inc. v. Nikepal International, Inc., 84 USPQ2d 1820 (E.D. Cal. 2007): Successfully represented Nike in a trial for claims of trademark infringement and dilution. The case involved the famous NIKE mark and a rare appeal of a Trademark Office opposition to a district court and claims involving injunctive relief.
• Southwest Airlines Co. v. BoardFirst, LLC, 2007 U.S. Dist LEXIS 96230 (N.D. TX): Represented Southwest Airlines in successful enforcement of terms and conditions of airline's website under breach of contract theory.
• Microsoft Corporation v. V3 Solutions, Inc., 2003 U.S. Dist LEXIS 15008 (N.D. IL): Obtained summary judgment for Microsoft on counts of copyright and trademark infringement against a distributor of counterfeit software and components.
• Osho Friends International v. Osho International Foundation (TTAB 2009): Represented the plaintiff in a full administrative trial on the merits, in which the plaintiff successfully petitioned to cancel and opposed 13 trademark registrations and applications, with the Trademark Trial and Appeal Board finding that “OSHO” is a generic term that cannot be exclusively appropriated by anyone.
• The Port Authority of New York and New Jersey v. Blueher, (TTAB 2009): Successfully represented The Port Authority in a trademark dispute involving the name of the centerpiece building at Ground Zero.