Damon Ashcraft

Partner at Snell & Wilmer LLP
Ranked in United States: Arizona , United States: National
WTR Research

The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise

Recommended - Individuals

Snell & Wilmer’s highly trained and eminently capable trademark partners in California, Arizona and DC link up seamlessly to render fulsome support to rights holders. Making insightful contributions to the brand selection process and throughout all phases of prosecution, they ensure that everything is done right for those launching new products and services in the market. This resonates with many emerging enterprises, which find an ideal running mate in Damon Ashcraft: he understands the needs of young companies and is brilliant at identifying and eliciting IP value for them. Heavily involved with ICANN, Ashcraft has a refined knowledge of internet-related trademark issues. Lee Fraley does sterling work for businesses diverse in size and sector, all of which welcome his incisive and wide-ranging counsel encompassing patent, copyright, trademark and trade secret law. “Lee provides thoughtful guidance on third-party violation of marks and is extremely proactive in building impenetrable lines of defence around portfolios.”

Recommended - Individuals: generic top-level domains

Damon Ashcraft's Profile

Damon Ashcraft’s trademark practice focuses on trademark protection online and internet governance issues. He manages numerous trademark enforcement programmes on an international scale. Specifically, he has sought recovery of hundreds of illegally registered domain names on behalf of brand owners through traditional means and alternative dispute resolution procedures such as the Uniform Domain Name Dispute Resolution Policy. Mr Ashcraft is also familiar with other rights protection mechanisms available to stop infringement online, including the Uniform Rapid Suspension, the trademark clearinghouse and the Internet Corporation of Assigned Names and Numbers’s (ICANN) new gTLD programme.

Mr Ashcraft is an active leader within ICANN, which has a significant role in internet governance. He was selected by the ICANN Board to serve as chair elect of the 2022 Nominating Committee (NomCom), which appoints 50% of ICANN’s Board of Directors and other key leadership positions within ICANN. From 2018 to 2020, Mr Ashcraft also served as chair-elect, chair and associate chair of the NomCom. Further, Mr Ashcraft is the treasurer of the Intellectual Property Constituency, which is the official IP advocacy group. These roles have given him a unique insight into and experience with respect to internet governance. He has also served in leadership positions at the International Trademark Association (INTA), having been a subcommittee chair on INTA’s Internet Committee.

Mr Ashcraft also practises traditional trademark law and has experience in domestic and foreign trademark registration and currently manages numerous trademark portfolios. Further, he enforces and defends clients’ trademark rights before the Trademark Trial and Appeal Board and in various federal and state courts. He was recognised in the 2022 edition of The Best Lawyers in America® for his work in IP litigation.

Firm Profile

Snell & Wilmer is a full-service business law firm with more than 450 attorneys practising in 16 locations throughout the United States and in Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs.

Snell & Wilmer’s IP group, which consists of more than 40 lawyers, offers a comprehensive array of services, including trademark prosecution and litigation, patent prosecution and litigation, trade secret protection, copyright registration and protection, and licensing, distribution and other commercialisation agreements. Snell & Wilmer’s IP team advises clients on how to avoid IP liability and infringement.

Our trademark attorneys have extensive knowledge of our clients’ businesses and are equipped to assist in an efficient and sophisticated manner. Our clients appreciate the practical, business-focused approach to our trademark advice.

Our trademark clients are spread across the United States and around the world. Their needs are as diverse as their businesses, and their requirements are as broad as their geography. Our trademark team represents Fortune 100 companies, medium-sized companies and emerging companies in clearing, registering, enforcing and monetising their trademark and trade dress rights throughout the United States and the world.

Federal trademark clearance, registration, portfolio management and licensing

Our attorneys advise clients on trademark availability and selection, prepare trademark applications and prosecute applications before the USPTO through to registration. Thereafter, we assist clients in maintaining registered trademark rights. We manage approximately 11,000 registered and pending US and international trademarks for our clients in a broad array of industries, including food and beverages, apparel and footwear, pet care and pet food, automobiles, pharmaceuticals, biotechnology, audio equipment, medical devices and dental products and services, sporting goods, software, hotel and resort services, assisted living, renewable energy and water resources, cannabis/CBD, educational services, sports and entertainment services, lawncare and home improvement services, electronic devices and wireless products. Our attorneys also regularly assist clients in monetising their trademarks by way of brand extensions and licensing.

Trademark, trade dress and unfair competition litigation

Our trademark attorneys assist clients in policing and enforcing their trademarks, including preparing cease and desist letters and settlement agreements. Likewise, our attorneys assist clients in responding to cease and desist letters. If an amicable and satisfactory resolution is unachievable, we represent plaintiffs and defendants in actions for trademark and trade dress infringement, unfair competition, trademark dilution, counterfeiting, cybersquatting, false endorsement and false advertising in federal district and appellate courts throughout the country. We also represent clients before the TTAB in opposition and cancellation proceedings. Our trademark attorneys have represented clients in numerous UDRP cases against cybersquatters.

International trademark protection and disputes

Our attorneys have extensive, longstanding relationships with hundreds of foreign law firms. We work closely with those firms to assist clients in registering and maintaining their trademarks around the globe, including through the Madrid Protocol. Our attorneys also manage trademark opposition and cancellation proceedings in other countries, working alongside our trusted network of foreign associates and negotiating settlements of worldwide trademark disputes. They have supervised and assisted in recovering trademarks and domain names registered by cybersquatters in foreign countries. Our global and multinational clients expect and demand this breadth of experience and level of sophistication from their trademark counsel.

Snell & Wilmer’s trademark attorneys are annually recognised as leaders in their field in national legal rankings such as World Trademark ReviewThe Legal 500Super LawyersThe Best Lawyers in AmericaUS News Media GroupBest Lawyers and Managing Intellectual Property. Our lawyers participate in a variety of professional organisations, including various sections of INTA, the American Intellectual Property Law Association and the American Bar Association.

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