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Damian K. Gunningsmith

Damian K. Gunningsmith

Partner

  • New Haven
  • dgunningsmith@carmodylaw.com

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  • 203.784.3185
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Legal Services

  • Intellectual Property
  • Litigation
  • Privacy & Data Security
  • Patent Prosecution & Counseling

Education

  • Quinnipiac University School of Law, J.D., 2013 ~ summa cum laude
  • Springfield College, B.S., 2006 ~ magna cum laude

Admissions

Bar Admissions

  • Connecticut
  • Massachusetts
  • United States Patent and Trademark Office

Court Admissions

  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court, District of Connecticut
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York

Damian K. Gunningsmith

Partner

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Home » Our Team » Damian K. Gunningsmith

  • Overview
  • Experience
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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 is 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.

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. 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.

Affiliations

  • American Bar Association
  • Connecticut Bar Association
  • New Haven County Bar Association

Distinctions

  • Benchmark Litigation – 40 & Under List, 2023
  • Ones to Watch, Best Lawyers® - Intellectual Property Law and Litigation, Intellectual Property, 2021-2023
  • Rising Star, Connecticut Super Lawyers®, 2015-2022
  • Rising Star, New England Super Lawyers®, 2016

Community

  • Economic Development Commission for the Town of Guilford

Experience

  • Part of a team 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.

31 Carmody Attorneys Selected to the 2021 Super Lawyers®, Rising Stars in Connecticut Lists

October 12, 2021
Carmody is proud to announce the selection of 31 of its attorneys to the Connecticut Super Lawyers® or Rising Stars lists for 2021. Selected attorneys are noted below. Each year, no more than 5% of the lawyers in the state are selected as Super Lawyers® and no more than 2.5%
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Carmody attorneys named to The Best Lawyers in America 2022 List

September 20, 2021
Carmody is pleased to announce that 30 attorneys have been selected for inclusion in The Best Lawyers in America 2022. Three Carmody attorneys have also been recognized as "Lawyer of the Year". Congratulations to David T. Grudberg, William J. Hennessey, Jr. and Peter M. Nolin. Only one lawyer is recognized
Read More
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