Bryan Cave Leighton Paisner

Intellectual Property and Technology Disputes

Counsel - Litigation and Investigations

Damon Whitaker focuses his practice on intellectual property and commercial litigation. As an experienced litigator and trial attorney, he represents clients in both federal and state courts and alternative dispute resolution forums. Damon assists both individuals and companies across industries, including banking and financial services, technology, construction, health care and life sciences, sports and entertainment, consumer products, education, food and beverage, manufacturing, outdoor advertising, real estate, retail, and insurance, to protect their intellectual property and other commercial rights.

Damon maintains an active intellectual property litigation practice. He advises on false advertising cases involving consumer products, mechanical measuring devices, and medical devices, among others, often utilizing his science background to challenge or defend “tests prove” advertising claims. Damon litigates trademark disputes in a wide array of different industries and fields and patent cases involving software, wireless communications, bio-chemical assays, children’s products, and other technologies. He represents clients on trade secrets and restrictive covenants cases in connection with employment disputes and arising from the sale of businesses.

Damon also leads the Atlanta office's trademark and copyright registration practice, counseling clients on state and federal trademark clearance and registration, copyright registration, and enforcement practices and actions. He also prosecutes and defends Internet domain name disputes under the Uniform Doman Name Dispute Resolution Policy (UDRP).

Damon represents banks and other financial institutions in a variety of disputes, including foreclosures, liens, attorney fees, federal and state unfair and deceptive acts or practices statutes, and appellate matters.

Damon is also a member of the firm’s Higher Education sector team where he advises clients on intellectual property matters and assists with investigative matters.

Damon is experienced in handling claims for attorney's fees and litigation costs, including trial victories under Georgia's fee statute addressing bad faith and stubborn litigiousness and under federal intellectual property statues for willful violations. He also provides pro bono services to various charitable and non-profit organizations.

CIVIC INVOLVEMENT & HONORS Recognized by Top Verdict as winner of one of the Top 20 Verdicts in Georgia in the year 2016 for WIKA Instrument Corp. v. Ashcroft(10th highest verdict) Super Lawyers, Georgia Rising Star (2010 - 2016) Florida Law Review Journal of Law & Public Policy – Managing Editor PROFESSIONAL AFFILIATIONS Atlanta Bar Association – Intellectual Property Law Section State Bar of Georgia – Intellectual Property Section