Damon W.D. Wright

Partner
Damon Wright

Damon Wright represents web-based businesses, e-commerce retailers, technology companies, and lead generators. Damon focuses on advertising, intellectual property, First Amendment, consumer, and regulatory compliance law. He handles business disputes, trademark and copyright, false advertising, government investigations, defamation, right of publicity, fraud, trade secret, media relations, and other high-stakes matters. Damon understands the evolving legal and business issues facing Internet retailers. He is outside general counsel to the Subscription Trade Association and the Responsible Traffic Association. Damon maintains a national litigation practice while also providing responsive day-to-day and long-range advice to help clients protect themselves and achieve smart growth.

Experience

Representative Matters

  • For an online information product retailer, obtained multiple consent judgments, including substantial damages and permanent injunctions following trademark and copyright infringement by competitors
  • At trial, represented a newspaper in a trademark infringement case and obtained a permanent injunction requiring that a competing newspaper change its name
  • Represented an international online dating service in a lawsuit by competitor; prevailed on motion to vacate default and, thereafter, obtained dismissal of competitor’s false advertising, trademark infringement, and unfair completion claims, with award of attorney's fees and costs
  • Represented online computer and television retailer in defense of FTC investigation, resulting in closed investigation and no enforcement action
  • Represented business owner plaintiffs in a defamation action against a consumer complaint website, defeating motion to dismiss that asserted Section 230 Communications Decency Act (CDA) immunity from liability
  • Represented an online nutraceutical retailer in an evidentiary hearing before the Better Business Bureau (BBB), persuading the BBB to restore client’s BBB accreditation and A+ rating
  • Won sanctions, summary judgment, and affirmance on appeal – with actual damages, treble damages, and attorneys' fees – in a false advertising case against an online sports memorabilia retailer
  • For an online information product retailer, obtained an arbitration award for actual damages and attorney fees against a serial plaintiff consumer on counterclaim for breach of prior settlement agreement
  • Represented a telecom software company in a breach of contract action by reseller, with the court dismissing all non-contract claims and granting summary judgment on the contract claim, finding reseller could recover no damages
  • Obtained a preliminary injunction for a national online health and beauty retailer in a trademark infringement, trade dress infringement, and misappropriation case against a competitor
  • Won sanctions, summary judgment, and affirmance on appeal in a trademark infringement, fraud, and breach of duty of loyalty case between competing government contractors
  • Represented software company founders at trial, against a publicly traded corporation in a securities fraud, stock conversion, and shareholder dispute, obtaining compensatory damages, punitive damages, and sanctions
  • Represented several high-net-worth clients in fraud and accounting malpractice lawsuits against a national accounting firm, obtaining evidence that led to partial summary judgment, favorable settlements, and federal criminal prosecution
  • In several matters on behalf of various web-based business clients negotiated with national media outlets to retract, narrow, or balance otherwise unfavorable media coverage

Insights

Credentials
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Education

  • J.D. George Mason University School of Law 1996
  • B.S. Political Science cum laude James Madison University 1993

Bar Admissions

  • Virginia
  • District of Columbia

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the D.C. Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the District of Columbia
  • U.S. Bankruptcy Court for the District of Maryland
  • U.S. Tax Court

Clerk Experience

  • Honorable Barry R. Poretz, U.S. Magistrate Judge U.S. District Court for the Eastern District of Virginia 1996 1997

Professional Memberships and Activities

  • General Counsel, Subscription Trade Association
  • Member, Bryant Inn of Court
  • Member, Federal Bar Association
  • Member, American Bar Association
  • Member, International Association of Defense Counsel
  • Past president, officer, and board member, North Virginia Chapter of Federal Bar Association, 2007 - 2015
  • Frequently writes and speaks on litigation, trial advocacy, and internet law

Recognition
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  • Included in Washington, DC Super Lawyers, 2012 - 2019
  • Selected for membership in Pauline Newman IP American Inn of Court, 2012 - present
  • Master, William D. Bryant Inn of the Court, 2011 - present
  • Recognized as a "Top Rated Lawyer," American Lawyer and Corporate Counsel's Washington DC & Baltimore’s Legal Leaders, Intellectual Property, 2013
  • Recognized in Super Lawyers Business Edition, Business Litigation; Washington, DC, 2013
  • Named Just The Beginning Foundation Diversity Champion, 2008
  • Recipient, Benjamin R. Civiletti Pro Bono Lawyer of the Year, 2007
  • Named T. Brooke Howard Fellow; Alexandria, Virginia Office of the Public Defender, 1994
  • AV® Peer Review Rated by Martindale-Hubbell
  • Named Diversity Champion, Just The Beginning Foundation, a nonprofit organization founded by African-American judges dedicated to promoting diversity in the legal profession

Community
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Pro Bono

  • Since 2002, has represented Freddie Woods, who was convicted of capital murder and sentenced to death in 1997 but who recently had his conviction and sentence vacated and is now awaiting parole
  • Represents Together We Bake, a job-training and personal empowerment program based on a micro-baking business and founded by his wife that helps women in need of a second chance develop employment and life skills

Personal Activities

  • An avid music fan, leads a group of friends and clients to the annual South by Southwest music festival
  • Represents musical acts, including Rusty Maples and Dave Gutter, lead singer of the bands Paranoid Social Club, Rustic Overtones, and Armies
  • Manages and plays percussion in Noise In The Basement, a local cover band and three-time winner of Law Rocks – DC, an annual battle of the bands competition
  • Plays adult coed soccer throughout the year
  • Has a teenage daughter at the College of William & Mary and two teenage sons in Alexandria, Virginia public schools