• Phone: (828) 254-4778
    One Rankin Avenue, Third Floor
    Asheville, NC 28801
    E-mail: info@dunganlaw.com

Practice areas


Trademark, Trade Dress, & Trade Secrets

Dungan, Kilbourne & Stahl provides comprehensive representation to clients in Asheville and throughout Western North Carolina regarding all aspects of trademark, trade dress, and trade secret law, from consulting to litigation.


Trademarks are identifiers that distinguish certain products from others. Traditionally, they are thought of as pictorial or written slogans or logos that allow consumers to recognize a product or service. However, trademarks can also include shapes, colors, numbers, sounds, and even smells.


Trade Dress:

A product’s trade dress is the total image of the product. Typically, this involves either the packaging and labeling of the product or the overall design and configuration of the product. Like trademarks, trade dress includes graphics, shape, and colors. Trade dress can also include textures, size, and any other elements contributing to the total product image.


Trade Secrets:

A trade secret is any business or technical information that derives commercial value from being secret - not known or ascertainable by persons who can obtain value from its disclosure or use. A famous example would be the Coca-Cola formula. However, this does not mean that a trade secret must be locked away in a guarded vault to remain secret. It just has to be subject to efforts that are reasonable under the circumstances to maintain its secrecy. Other examples of trade secrets are: data compilations, designs, R&D information, market analysis, repair techniques, and marketing plans.


Our Services:

At Dungan, Kilbourne & Stahl, we make it a priority to meet with potential trademark, trade dress, and trade secret clients. We are usually able to schedule an appointment within a few days of a potential trademark, trade dress, or trade secret client's initial call to our office. Please contact our office if you believe you may need legal advice or representation in any of the following areas:


Trademark, Trade Dress, and Trade Secret Consultation and Negotiation.  Our firm assists clients in the area of trademark, trade dress, and trade secret law by advising clients on the law, performing due diligence on possible rights of other parties, and providing research and advice so clients can avoid potentially infringing activities. We can also help negotiate licenses and other settlements outside of expensive litigation.

Trademark Registration.  Though any lawyer will tell you that in today's business world, trademark registration is an essential tool necessary to allow businesses to protect intellectual property rights, what it boils down to is protecting products or services from a third party wishing to capitalize off of a client’s hard work and reputation by selling products and services that are confusingly similar. We represent our Buncombe County and Western North Carolina clients throughout the trademark application process with the United States Patent and Trademark Office and the North Carolina Secretary of State’s Department of Trademarks. These services are provided for a flat fee.

Trademark Monitoring and Policing.  While having a registered trademark is essential for businesses for the above-stated reasons, monitoring and policing marks is also important. Dungan, Kilbourne & Stahl can take responsibility for the maintenance of trademarks after registration and can also perform monitoring and policing services to help ensure that other confusingly similar marks are not used or registered, which can possibly lead to consumer confusion and the tarnishing of a brand.

Trademark, Trade Dress, and Trade Secret Infringement.  Our firm represents both Plaintiffs and Defendants regarding trademark, trade dress, and trade secret infringement issues. We offer advice to clients whose intellectual property rights have been violated as well as clients who have been accused of infringing upon a competitor's intellectual property. We also offer trademark, trade dress, and trade secret infringement representation from the earliest stages of a potential lawsuit up to and including litigation.


I.P. Check-ups:


The Dungan Law Firm is pleased to offer our clients periodic check-ups of their policies and procedures to ensure continuing compliance with the laws governing copyrights and trademarks.  Contact us to schedule an appointment.


 Megan Medley
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