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Gina M. McCreadie



Gina McCreadie is a partner in the Intellectual Property group who focuses on corporate and litigation matters advising clients on brand strategy and development, negotiation of production and distribution agreements and a spectrum of enforcement and litigation matters. Industries Gina concentrates her practice on include: craft breweries and distilleries, food and beverage, consumer products, computer software, jewelry and handbags. Gina also heads up the firm’s Copyright team.

What do you focus on?

I collaborate with my clients, partnering with them to help grow and protect their brands and expand their business. I don’t believe in a one-size-fits-all approach; rather, I take the time to understand my clients’ businesses and how they fit within the overall market, to tailor a strategy specific to them.

Brand Development and Management

I work closely with clients to develop cost-effective strategies for building and strengthening their IP portfolios, domestic and worldwide (including trademarks, copyrights and trade dress), through strategic assessment of the size and stage of my clients’ businesses, potential opportunities and the relevant market and industry.

Partnership, Distribution and Licensing Strategies

I regularly monitor business trends and market drivers to help consumer-facing clients identify avenues for growth through partnership and licensing arrangements. I have a special focus on the craft beer sector and counsel clients on licensing agreements and brewing arrangements (including contract brewing and alternating proprietorships), as well as help them navigate potential distribution deals and resulting agreements.

Litigation

I routinely advise my clients on appropriate enforcement actions, including sending cease and desist letters, submitting DMCA “take down” notices, registering trademarks and copyrights with U.S. Customs and negotiating co-existence agreements. I’m an experience litigator and have litigated numerous trademark, trade dress and copyright disputes, as well as counterfeiting, false advertising, patent, trade secret, contract and domain name disputes in courts across the country and before the Trademark Trial and Appeal Board and the National Arbitration Forum.

What do you see on the horizon?

As U.S. businesses and brands create a global presence through use of online and social media, it becomes even more important for these businesses to obtain trademark and copyright registrations early to avoid and combat infringement, trademark hijacking, cybersquatting and counterfeiting and to maximize available remedies.

Representative Matters

  • Collaboratively work with a high-end bottle company on brand development and enforcement strategies on a worldwide basis
  • Negotiating a brewing contract and master distribution agreement for renowned New England draft brewery
  • Obtained several UDRP decisions from the National Arbitration Forum ordering transfer of the disputed domain names for one of the world’s leading developers of electronic products and services
  • Amicably resolved copyright infringement matter for a leading automotive CRM and marketing provider in the U.S. District Court for the Middle District of Florida
  • Orchestrated nationwide enforcement campaign for high-end jewelry company, which resulted in successfully eliminating tens of thousands of infringements through take down notices and litigation in federal courts across the United States
  • Successfully overcame refusals from the U.S. Copyright Office for jewelry designs on reconsideration, resulting in issuance of copyright registrations
  • Obtained summary judgment of non-infringement in a copyright infringement matter for a major photography company in the U.S. District Court for the Southern District of New York
  • Obtained a temporary restraining and seizure order in a counterfeiting case on behalf of a well-known automotive company in the U.S. District Court for the District of Massachusetts.
  • Reached settlement of a patent infringement matter for a software company during trial in the U.S. District Court for the District of Delaware
  • Obtained a jury verdict in a contract dispute involving software for our client in Delaware state court
  • Reached settlement of a trade secret misappropriation matter during trial for a large electronic payment company in California state court
  • Obtained settlement of a patent malpractice case for an inventor in Massachusetts state court
  • Successfully opposed a preliminary injunction motion after an evidentiary hearing in software contract dispute in the U.S. District Court for the District of Massachusetts
  • Obtained judgment of non-infringement after a bench trial in a trademark infringement matter for a software company in the U.S. District Court for the Eastern District of Virginia
  • Obtained summary judgment in a trademark infringement matter for a small medical practice in the U.S. District Court for the Eastern District of Virginia, which decision was affirmed by the U.S. Court of Appeals for the Fourth Circuit

Other Experience

In 2012, Gina served as a Special Assistant District Attorney at the Middlesex District Attorney’s Office for six months, where she was responsible for prosecuting more than 200 cases. In addition to bail arguments and plea negotiations, Gina argued nearly two dozen motions and tried ten cases (before a judge or jury) resulting in nine convictions.

While at Boston University School of Law, Gina was a member of the National Moot Court team and the Public Interest Law Journal. Gina was also a law clerk and a litigation consultant for the Civil Division of the U.S. Attorney’s Office in Boston, Massachusetts.

Prior to law school, Gina was a paralegal in the Antitrust Division of the U.S. Department of Justice under the Outstanding Scholar Program, where she served as lead paralegal in a large complex antitrust matter against two well-known credit card companies.

Gina also served as an intern in the White House during the Clinton administration and for Senator Edward M. Kennedy.

Publications

  • Gina authored the chapter on U.S. copyright law in the Cross-Border Copyright Guide 2016
  • Gina regularly contributes to the NYS Brewers Association blog.
  • Gina co-authored a chapter on U.S. franchise law in the Franchise Law Review (2015 edition); published by Law Business Research.
  • Gina co-authored a chapter on U.S. trademark law in The International Comparative Legal Guide to: Trade Marks 2012; published by Global Legal Group Ltd, London.

WB Mason Strikes Back Against Dairy Queen 'Blizzard' Suit

Law360 | March 15, 2018

In the following coverage, Boston partners Jason Kravitz and Gina McCreadie, senior counsel Deborah Thaxter, and associate Leslie Hartford are mentioned for representing W.B. Mason in a trademark infringement case against Dairy Queen over the use of the word “blizzard.”

Buffett's Dairy Queen sues W.B. Mason over 'Blizzard'

Law360 | March 15, 2018

In the following coverage, Boston partners Jason Kravitz and Gina McCreadie, senior counsel Deborah Thaxter, and associate Leslie Hartford are mentioned for representing W.B. Mason in a trademark infringement case against Dairy Queen over the use of the word “blizzard.”

Contact

Gina M. McCreadie

Partner

Boston

Phone: 617-345-6189

New York

Phone: 212-224-7357


Fax: 866-812-3848

Boston University School of Law, J.D.

Boston College, B.A.

Massachusetts

New York

U.S. District Court, District of Massachusetts

U.S. District Court, Southern District of New York

U.S. District Court, Eastern District of New York

U.S. District Court, Western District of New York

U.S. Court of Appeals, First Circuit

U.S. Court of Appeals, Second Circuit

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