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Damian’s practice covers a broad range of litigation matters with a focus on intellectual property litigation. Damian has experience litigating patent, trademark, antitrust, false advertising, trade secret, and unfair competition matters. He is a registered patent attorney with the U.S. Patent and Trademark Office, positioning him to provide comprehensive representation and counsel to clients with intellectual property needs.
In addition to his intellectual property litigation practice, Damian has considerable experience working on other complex litigation matters, including in the areas of labor and employment, probate, land use, and environmental. He has experience litigating in both state and federal trial courts, and has argued appeals in the Connecticut Appellate Court, Connecticut Supreme Court, the U.S. Court of Appeals for the Second Circuit, and the U.S. Court of Appeals for the Federal Circuit.
Damian also remains committed to serving his community by providing representation to indigent clients on a pro bono basis and by serving as a Special Public Defender handling criminal appeals for the Connecticut Office of the Chief Public Defender.
- Part of a team of attorneys that successfully obtained dismissal of antitrust challenge to Connecticut’s Liquor Control Act and that successfully defended the dismissal on appeal to the United States Court of Appeals for the Second Circuit.
- Drafted brief before the U.S. Court of Appeals for the Second Circuit resulting in reversal of summary judgment in a case of first impression involving the requirements of a nominative fair use defense under the trademark laws.
- Argued before the United States Court of Appeals for the Federal Circuit and obtained affirmance of a successful inter partes review challenging patentability of claims before the Patent Trial and Appeal Board.
- Obtained summary judgment for manufacturer of electro-mechanical hardware device in case involving claims of trade secret misappropriation.
- Successfully resolved numerous inter partes proceedings before the Trademark Trial and Appeal Board.
- Prosecution of chemical patent applications and trademark applications before the United States Patent and Trademark Office.
- Argued before the Connecticut Supreme Court and obtained reversal of a “fighting words” conviction under the First Amendment.
- Part of a team that obtained a $35 million jury verdict against a competitor for breach of contract, antitrust, unfair competition, and misappropriation of trade secrets claims.
Prior to law school, Damian was a Deputy Sheriff for the Tompkins County Sheriff’s Office in Upstate New York. While there he received numerous distinctions including becoming certified as Level II Traffic Accident Reconstructionist through the Northwestern University Center for Public Safety.
- Listed in The Best Lawyers in America®: Ones to Watch for Intellectual Property Law and Litigation: Intellectual Property, 2021
- Damian is a member of the firm’s litigation group, which was named a “highly recommended” Connecticut litigation team in Benchmark Litigation’s Guide to Leading Business Litigation Firms and Attorneys
- Selected for inclusion as a Rising Star in Connecticut Super Lawyers®, 2015-2020
- Selected for inclusion as a Rising Star in New England Super Lawyers®, 2016
Prior to law school, Damian was a Deputy Sheriff for the Tompkins County Sheriff’s Office in Upstate New York. In that role, he received numerous distinctions including becoming certified as Level II Traffic Accident Reconstructionist through the Northwestern University Center for Public Safety. Damian’s law enforcement training and experience prepared him for the inherent conflicts of litigation, and also gave him insight into conflict resolution strategies that he is able to utilize in his daily practice.
- Carmody Torrance Sandak & Hennessey Elects Damian Gunningsmith and Benjamin Pomerantz to the Partnership
- 33 Carmody Torrance Sandak & Hennessey LLP Attorneys Selected to the 2020 Super Lawyers®, Rising Stars in Connecticut Lists
- 29 Carmody Torrance Sandak & Hennessey LLP Attorneys Selected for Best Lawyers®
- 41 Carmody Torrance Sandak & Hennessey LLP Attorneys Selected to the 2019 Super Lawyers®, Rising Stars in Connecticut Lists
- Damian K. Gunningsmith
- 41 Carmody Torrance Sandak & Hennessey LLP Attorneys Selected to the 2018 Super Lawyers®, Rising Stars in Connecticut Lists
- 33 Carmody Torrance Sandak & Hennessey LLP Attorneys Selected to the 2018 New England Super Lawyers® and Rising Stars Lists
- Data Privacy and Cyber Security Alert: Connecticut’s New Data Security Law
- Data Privacy and Security & Education Law Alert: Ready for the GDPR? New European Privacy Law to Impact U.S. Schools and Universities
- The ‘Atomic Bomb’ of Patent Law
- American Bar Association
- Connecticut Bar Association
- New Haven County Bar Association
- Economic Development Commission for the Town of Guilford, Member