Gina Durham is an experienced trial attorney and strategist who focuses her practice in the areas of trademark, copyright, right of publicity, trade dress, and false advertising. Gina approaches matters from a global perspective, often coordinating multijurisdictional strategies to advance the interests of her multinational clients primarily in the technology, media and retail sectors.
- Chicago Mercantile Exchange v. Intercontinental Exchange (N.D. IL): Lead trial lawyer defending Intercontinental Exchange (owner of the New York Stock Exchange) in a trademark infringement lawsuit filed by competitor seeking over $1 billion in damages; trial conducted under pandemic circumstances, including completing a month-long hybrid remote/live trial
- Lisa Frank v. The Orb Factory (D. AZ): Lead trial lawyer in jury trial defending toy company against copyright and trade dress infringement lawsuit involving multiple craft toy lines
- Lontex v. NIKE (E.D. PA): Lead counsel defending NIKE in in trademark infringement claim involving allegations of reverse and forward confusion; successful partial motion to dismiss
- Glass Egg v. Gameloft SE, Vivendi, SA, et. al., (N.D. Cal.): Defending video game publisher and related companies in copyright infringement dispute involving Ashphalt 8 games
- A.V.E.L.A. v. The Estate of Marilyn Monroe, LLC, (S.D.N.Y.): Lead counsel for The Estate in Lanham Act dispute regarding use of Marilyn Monroe brand and image
- Simoniz v. Dollar Shave Club, (D. Conn.): Represented Dollar Shave Club, Inc. in a pretrial victory attained with a successful motion to dismiss on standing issues in trademark infringement case
- Sofia Vergara v. Venus Concept, (Los Angeles Superior Court): Defended beauty company in widely publicized right of publicity lawsuit
- Craig R. Bell d/b/a Destinee Eploriums v. Harley-Davidson Motor Company et. al., (S.D. Cal.): 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., (E.D. Cal.): 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
- Protect-A-Car Wash Sys v. Car Wash Partners (D. MD.): Represented defendant, the largest national car wash chain, in trademark and unfair competition claims relating to MISTER CAR WASH mark
- Superpoints v. Rakuten Inc. (N.D. Cal.): Represented Rakuten in trademark and unfair competition litigation over use of RAKUTEN SUPER POINTS.
- Truco Enterprises, L.P. v. N.F.B.Foods, (S.D.N.Y.): Counsel for plaintiff in preliminary injunction proceeding involving alleged trade dress infringement of food packaging
- Southwest Airlines Co. v. BoardFirst, LLC (N.D. TX): Represented Southwest Airlines in successful enforcement of terms and conditions of airline's website under breach of contract theory
- J.D., DePaul University 1999
Order of the Coif
- B.A., Northwestern University 1996
- Chambers USA
- Band 4, California Intellectual Property: Trademark, Copyright & Trade Secrets (2022-2023)
- Chambers USA comments, "Gina Durham regularly advises household-name clients on a broad range of contentious and noncontentious trademark and copyright matters." Clients say, "Gina is attentive and understands our goals. She thinks out of the box to offer creative solutions for achieving them."
- The Legal 500 United States
- Recommended, Copyright (2023)
- Recommended, Patents: Licensing (2023)
- Recommended, Patents: Litigation (International Trade Commission) (2023)
- Recommended, Patents: Prosecution (including re-examination and post-grant proceedings) (2023)
- Recommended, Advertising and Marketing: Transactional and Regulatory (formerly Advertising and Marketing: Transactional) (2022)
- Recommended, Private Equity Buyouts (2019-2020)
- Recommended, Trademarks: Litigation (2018-2023)
- Recommended, Trademarks: Non-Contentious (including Prosecution, Portfolio Management and Licensing) (2019-2023)
- Clients describe Gina as an, "outstanding trial lawyer," who "put together a very good evidentiary records, and did a superb job examining the opponent's witnesses, and handling our defense against IP infringement claims,” calling her work "truly excellent."
- The California Daily Journal named Gina to its list of Top IP Lawyers (2017)
- Commended in the WTR 1000: The World's Leading Trademark Professionals (2017-2020)
- Named to The San Francisco Business Times' "40 Under 40" List (March 2014)
- World Trademark Review recently ranked Gina in its listing of top practitioners, noting that "[she] is complimented for her 'fantastic ability' in trademark litigation and transactional work; she manages global trademark portfolios for numerous household-name brands"
- "Text to Image AI Generators: Familiar Legal Questions About This Novel and Fast-Growing Technology," The Computer & Internet Lawyer, May 2023
- "New York Just Made It Easier for Artists to Protect Their Image After They Die (Guest Column)," Billboard (December 11, 2020)
- Trials In the Time of Covid-19, ChIPs (February 2021)
- Media Law Resource Center, Intersection of Right of Publicity & Social Media (November 2016)
- To post or not to post: a global perspective on social media and celebrity (false) endorsement (May 2016)
Memberships And Affiliations
- International Trademark Association, service on several committees, including China Anti-Counterfeiting Committee and Internet Committee
My latest insights
Copyright Office requests public comments for new AI policy study: an opportunity to shape...
19 September 2023 .7 minute read