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Introduction
Gina McCreadie is an attorney in the Intellectual Property group who focuses on litigation matters advising clients on brand strategy and development, negotiation of production and distribution agreements, and a spectrum of enforcement issues.
My focus
I collaborate with my clients, partnering with them to help grow and protect their brands and expand their businesses. 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.
Litigation
I’m an experienced trial attorney 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. I also 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.
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.
Representative experience
- Collaboratively worked with a high-end bottle company on brand development and enforcement strategies on a worldwide basis
- Negotiated a brewing contract and master distribution agreement for renowned New England craft 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.
Looking ahead
As U.S. businesses and brands create a global presence through use of online and social media, they must obtain trademark and copyright registrations early to avoid and combat infringement and maximize available remedies.
Insights
- Gina authored the chapter on U.S. copyright law in the Cross-Border Copyright Guide 2016
- 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.
In the news
- The Boston Globe
From Blizzard legal battles to 15 minutes of casket fame, it was another weird, wacky year in Boston business
Dec 26, 2022This column of notable Boston-area business news from 2022 includes client W.B. Mason Co.’s trial victory in a trademark infringement and dilution case brought by Dairy Queen related to the client’s BLIZZARD private-label spring water. The article mentions the firm for representing W.B. Mason. NP’s trial team, led by Intellectual Property partner and Cybersecurity & Privacy practice group leader Jason Kravitz, included Cybersecurity & Privacy counsel Gina McCreadie, associates Leslie Hartford and Melanie Dempster, and Complex Disputes senior counsel Deborah Thaxter, all of the Boston office.
- Minnesota Lawyer
Dairy Queen loses round in dispute over BLIZZARD name
Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz is quoted in this article covering the recent win for client W.B. Mason Co., finding that the company didn’t violate Dairy Queen’s trademark rights by using the BLIZZARD name on its private-label spring water. The NP trial team, led by Jason, also included Privacy & Technology counsel Gina McCreadie and associates Leslie Hartford and Melanie Dempster, and Complex Disputes senior counsel Deborah Thaxter, all of the Boston office.July 7, 2022 - Massachusetts Lawyers Weekly
In 'blizzard' battle, W.B. Mason tops Dairy Queen
Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz is quoted throughout this article covering the recent federal court win for client W.B. Mason Co., finding that the company didn’t violate Dairy Queen’s trademark rights by using the BLIZZARD name on its private-label spring water. The NP trial team, led by Jason, also included Privacy & Technology counsel Gina McCreadie and associates Leslie Hartford and Melanie Dempster, and Complex Disputes senior counsel Deborah Thaxter, all of the Boston office.July 1, 2022 - World Intellectual Property Review
Lost in a blizzard: Buffett's Dairy Queen trademark loss
Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz is quoted throughout this article covering the recent federal court decision in favor of client W.B. Mason Co., finding that the company did not violate Dairy Queen’s trademark rights by using the BLIZZARD name on its private-label spring water. The NP trial team, led by Jason, also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Disputes senior counsel Deborah Thaxter and associate Melanie Dempster, all of the Boston office. The win earned them recognition as runners-up for AmLaw’s “Litigator of the Week.”June 23, 2022 - Boston Business Journal
W.B. Mason defeats Dairy Queen in 'Blizzard' trademark fight
The following article covers a federal court’s decision in favor of client W.B. Mason Co., finding that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The articles quote Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, who led the trial team for W.B. Mason. The NP trial team also included Intellectual Property counsel Gina McCreadie and Complex Disputes associate Melanie Dempster, both of the Boston office and the Privacy & Technology group.June 21, 2022 - Reuters
Warren Buffett's Dairy Queen loses lawsuit over ‘Blizzard’ name
The following article covers a federal court’s decision in favor of client W.B. Mason Co., finding that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The articles quote Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, who led the trial team for W.B. Mason. The NP trial team also included Intellectual Property counsel Gina McCreadie and Complex Disputes associate Melanie Dempster, both of the Boston office and the Privacy & Technology group.June 21, 2022 - NBC Boston
WB Mason defeats Dairy Queen in Blizzard trademark fight
The following clip covers a federal court’s decision in favor of client W.B. Mason Co., which found that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The NP trial team, led by Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Disputes senior counsel Deborah Thaxter and associate Melanie Dempster, all of the Boston office.June 21, 2022 - Law360
Judge shuts door on Dairy Queen's 'Blizzard' trademark fight
The following clip covers a federal court’s decision in favor of client W.B. Mason Co., which found that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The NP trial team, led by Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Disputes senior counsel Deborah Thaxter and associate Melanie Dempster, all of the Boston office.June 21, 2022 - Boston Globe
Federal judge rules W.B. Mason's use of 'Blizzard' does not infringe on Dairy Queen's trademark
The following article covers a federal court’s decision in favor of client W.B. Mason Co., finding that the business products company had not violated Dairy Queen’s trademark rights, or otherwise harmed DQ, by using the BLIZZARD name on its private-label spring water. Following a fall 2021 trial, the decision marks a complete win for W.B. Mason, and enables the company to continue using the BLIZZARD name. The articles quote Boston Intellectual Property partner and Privacy & Technology practice group leader Jason Kravitz, who led the trial team for W.B. Mason. The NP trial team also included Intellectual Property counsel Gina McCreadie and Complex Disputes associate Melanie Dempster, both of the Boston office and the Privacy & Technology group.June 20, 2022 - Star Tribune
Dairy Queen goes to court over Blizzard name
This coverage provides an overview of the W.B. Mason and Dairy Queen trial underway in Minnesota, in which DQ alleges that W.B. Mason’s house brand of BLIZZARD spring water infringes and dilutes DQ’s BLIZZARD mark. Intellectual Property practice co-leader Jason Kravitz, of the Boston office, is leading the W.B. Mason trial team, which also includes Intellectual Property counsel Gina McCreadie and associate Leslie Hartford, and Complex Commercial Disputes resident attorney Melanie Dempster, all of the Boston office.Oct 19, 2021
Admitted to practice
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
Education
Boston College, B.A.
Boston University School of Law, J.D.
Insights And Happenings
View AllProfessionals in the Practice Area
View AllSeth D. Levy
Partner / Leader, Intellectual Property Practice- Los Angeles
- Office:+1 213.629.6161
- slevy@nixonpeabody.com
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Daniel J. Schwartz
Partner / Deputy Leader, Intellectual Property Practice- Chicago
- Office:+1 312.977.4432
- djschwartz@nixonpeabody.com
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Erica J. Van Loon
Partner / Team Leader, Copyright, Trademark, and Media Litigation- Los Angeles
- Office:+1 213.629.6031
- evanloon@nixonpeabody.com
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Janet M. Garetto
Partner / Co-Lead, Food, Beverage, & Agribusiness IP Team- Chicago
- Office:+1 312.425.8514
- jgaretto@nixonpeabody.com
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