Darius Gambino has over 20 years of experience helping clients protect their intellectual property in the United States and abroad. Clients in industries ranging from technology and manufacturing to consumer goods and professional services rely on Darius to represent them in high stakes patent, trademark and copyright litigation. Darius also assists clients with managing global patent and trademark portfolios, and counsels clients on enforcement strategies. He also represents clients in connection with intellectual property licensing, trade secret disputes, and corporate diligence investigations.
Darius is the creator and host of the firm's "Lawyers With Game" video series on YouTube, where he and others from the firm's Sports & Entertainment Group discuss legal issues in the sports, esports, video game and entertainment industries. Darius also often writes about legal issues impacting the video games industry, including being a contributing author to Esports Legal News and editor-in-chief of Esports and The Law.
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Darius' patent practice focuses mainly on the electrical and mechanical engineering disciplines. He has worked in various fields including computer software and hardware, consumer goods, medical devices, semiconductor manufacturing, telecommunications, sensors, computer memories and conditional access technologies. Before earning his law degree, Darius was a patent examiner for the U.S. Patent and Trademark Office.
Darius is a frequent speaker, and has written extensively, on the topics of design patents and trade dress. Darius is the author of Trade Dress: Evolution, Strategy and Practice.
Darius has been recognized as 'a very impressive trial lawyer' by World Trademark Review, which has repeatedly listed him as a top trademark litigator. Darius has also been repeatedly recognized by The Legal 500 for his work in the field of intellectual property licensing.
Patent Litigation
- Representation of a software developer in U.S. District Court for the District of Delaware in a patent action relating to remote login software.
- Representation of a video game developer in U.S. District Court for the District of Delaware in a patent action relating to lip sync software.
- Representation of a consumer goods manufacturer in U.S. District Court for the District of Connecticut in a patent action relating to kitchen goods.
- Representation of a global telecommunications provider in U.S. District Court for the Southern District of Florida in a patent action relating to in-flight entertainment.
- Representation of a global sensor manufacturer in the U.S. District Court for the District of New Jersey in a patent infringement action relating to motion and position sensors used in tablets and smartphones.
- Representation of a global medical device manufacturer in the U.S. District Court for the Southern District of Ohio in an action relating to hand-held surgical equipment.
- Representation of new construction home builders in a patent infringement action dealing with methods of locating real estate, in the U.S. District Court for the Central District of California.
- Representation of a computer network storage system manufacturer in a patent infringement action dealing with systems and methods for providing virtual local storage, in the U.S. District Court for the Western District of Texas.
Trade Dress Litigation
- Representation of a pest control equipment manufacturer in the U.S. District Court for the Middle District of Florida in a trade dress action.
- Representation of an alcoholic beverage manufacturer in the U.S. District Court for the Northern District of Illinois in a trade dress action relating to flavored malt beverages.
- Representation of a washroom equipment manufacturer in the U.S. District Court for the Central District of California in a trade dress action relating to washroom products.
- Representation of an alcoholic beverage manufacturer in the U.S. District Court for the Northern District of Illinois in a trade dress action relating to flavored distilled spirits.
Trademark Litigation
- Representation of an alcoholic beverage manufacturer in the U.S. District Court for the Northern District of Indiana in a trademark action.
- Representation of a global industrial and consumer products manufacturer in the U.S. District Court for the Northern District of Indiana in a trademark action.
- Representation of an executive staffing company in the U.S. District Court for the Eastern District of Pennsylvania in a trademark action.
- Representation of a fleet leasing services provider in the U.S. District Court for the Middle District of Florida in a trademark action.
- Representation of a commercial bank in the U.S. District Court for the Eastern District of Pennsylvania in a trademark action.
- Representation of a consumer products manufacturer in the U.S. District Courts for the Northern District of California and District of New Jersey in a trademark action.
Copyright and Trade Secret Litigation
- Representation of music artist in copyright termination action in U.S. District Courts for the Central District of California and Southern District of Florida.
- Representation of a publisher in the U.S. District Court for the Eastern District of Pennsylvania in a copyright action relating to photographs.
- Representation of a media company in AAA Arbitration in a copyright action relating to accounting software.
- Representation of a global sensor manufacturer in the U.S. District Court for the Eastern District of New York in a trade secret action relating to sensor.
- Colorado
- District of Columbia
- Pennsylvania
- United States Patent & Trademark Office
- U.S. Supreme Court
- U.S. Courts of Appeals for the Federal Circuit
- U.S. Courts of Appeals for the Ninth Circuit
Firm Involvement
- Chair, Sports and Entertainment Practice
Degrees
- J.D., The Catholic University of America, Columbus School of Law, 1998
- B.S., in Electrical Engineering, Villanova University, 1993
Honors & Awards
- Named to The Best Lawyers in America list, Copyright Law, 2026 to present
- Named to The Best Lawyers in America list, Intellectual Property Litigation, 2025 to present
- Commended in the WTR 1000: The World's Leading Trademark Professionals, 2013-2019, 2021 to present
- Recognized in The Legal 500 United States for Patents (Licensing), 2017 to 2019
Professional Involvement
- American Intellectual Property Law Association
- International Trademark Association (INTA)
- Designs Committee
- Member, 2024-2025 term
- Chair, Design Education & Resources Subcommittee, 2026-2027 term
- Designs Committee
- American Bar Association (ABA)
Community Connections
- Philadelphia Volunteer Lawyers For The Arts