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, domain name and anti-counterfeiting cases in multiple districts throughout the country. She currently manages enforcement and litigation efforts on a national basis for a well-known airline in cases involving unauthorized ticket brokering.

Recently, Ms. Durham represented a leading sports and fitness company in a trial under the newly amended Federal Trademark Dilution Act. She has prevailed in several domain name proceedings for a food and beverage franchisor, a travel services provider and a large pharmaceutical company. Ms. Durham also 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 the firm, 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 consumer goods and manufacturing companies 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 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 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 of 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 distributor of counterfeit software and components.

Felvétel

• Illinois

Tagságok

• American Intellectual Property Associations, Management of IP Assets Committee
• International Trademark Association
• American Bar Association
• Chicago Bar Association

Publikációk

• "Only 'Lawful' Use of Mark in the United States Will Enable a Party To Acquire Trademark Rights," World Trademark Report (January 2007)

Szemináriumok

• Speaker, The Chicago Bar Association's Internet and Intellectual Property Issues for Businesses (April, 2008)
• Roundtable Leader, International Trademark Association Roundtable on Domain Name Issues (April, 2008)
• Speaker, Chicago Public Schools Principal's Association programs on Fair Use and Copyright Issues for Education
• Panelist, "Software Asset Management," Washington Metropolitan Area Corporate Counsel Association (WMACCA) IT Forum Meeting (April 8, 2003)
• Speaker, US copyright law, China Hebei Province Publishing Delegation - Delegation's business meeting (November 2, 2002)
• Faculty, Washington State Bar Association 2004 IP Institute