Gina Durham

Gina Durham is a first-chair trial lawyer at DLA Piper and has represented some of the world's most renowned companies in high-profile trademark, trade dress and copyright litigation across the United States. She's also vice chair of the firm's U.S. intellectual property and technology practice, bringing more than two decades of expertise in disputes over proprietary rights in cutting-edge technologies.

"That passion has continued as advances in technology create new IP challenges, with generative AI being the latest example of that," Durham said.

Just last September, she won a permanent injunction and award of attorneys' fees for her client, Midjourney, one of the most popular text-to-image generative AI companies in the world.

Following Midjourney's feature on the cover of "The Economist" and then on the HBO show "Last Week Tonight with John Oliver," a group of artists and creative individuals attempted to steal the brand. A team led by Durham filed suit in the Nothern District of California. Midjourney, Inc. v. Fantastic Labs Sp. z o. o. et al., 3:22-cv-06499 (N.D. Cal, filed Oct. 25, 2022).

Durham said she also takes great pride in her role as the legal protector of the Estate of Jackie Robinson. Following her successful representations in disputes over the name, image, and likeness of iconic figures such as Marilyn Monroe, the heirs of Jackie Robinson entrusted her with the significant responsibility of managing legal matters related to Robinson's name and image.

"I care deeply about making sure that the name and image is handled in a way that is befitting of the tremendous person Jackie Robinson was and the extraordinary things that he accomplished," Durham said. "It is a huge responsibility to protect that legacy from a legal perspective, but also a great honor."

In addition, Durham is also assisting fitness entrepreneur Tracy Anderson in litigation to safeguard her art form, which Anderson developed through extensive research, development, testing and investment.

Discussing trends, Durham said without a doubt, the rising importance of copyright and right of publicity issues in the context of advancing AI applications is among them.

"Important jurisdictions for IP issues related to AI are the Northern District of California and Southern District of New York," she said. "We are watching those courts closely given the likelihood that they will shape some important points of law on these issues."