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Duncan G. Byers


Duncan Byers is a firm shareholder focusing his practice in the areas of patent, trademark and intellectual property and litigation.

Duncan consults and litigates intellectual property and other complex matters for businesses and individuals in state and federal Courts and in the United States Patent and Trademark Office. He also handles state and federal appeals.

Duncan works to assess, procure and protect the inventive and creative property of his clients and has drafted and prosecuted patent applications in electrical, mechanical and chemical areas, provided patent and trademark opinions and prosecution, assessed patent interference issues, cleared and prosecuted trademarks and service marks for clients, and successfully represented clients in infringement matters.

Prior to entering law practice, he spent nine years in the United States Navy, including active duty on two guided missile destroyers based out of Charleston, South Carolina, and reserve duty with a helicopter squadron based out of Norfolk Naval Air Station. He spent several years working as a commercial and industrial electrician, and has 19 years of experience as a volunteer firefighter and emergency medical technician.

Won a unanimous Fourth Circuit Court of Appeals decision reversing the trial court’s dismissal of a music copyright infringement case. Copeland et al. v. Bieber et al., 789 F.3d 484 (4th Cir. 2015)

Successfully defended against fee-shifting claim for attorneys’ fees and costs in copyright infringement case. Tessler v. NBC Universal, Inc., 2010 U.S. Dist. LEXIS 103220 (E.D. Va., Sept. 29, 2010)

Successfully defended an appeal to the Virginia Court of Appeals enforcing the terms of a separation agreement. Barr v. Barr, 2009 Va. App. LEXIS 542 (Va. Ct. App., Dec. 8, 2009)

Successfully enforced and defended the intellectual property rights of significant numbers of business entities, including the recovery of damages for use of trademarks, copyrights and trade dress by marketplace competitors. Many cases resulted in settlements including payments for damages incurred as a result of the infringing activity.

  • American Intellectual Property Law Association
  • International Trademark Association
  • Virginia Bar Association
  • Virginia Trial Lawyers Association
  • Norfolk and Portsmouth Bar Association
  • United States Patent and Trademark Office Society
  • I'Anson-Hoffman American Inn of Court
  • Coastal Virginia's Top Lawyers, 2016-2019
  • Virginia Super Lawyers, 2014, 2015, 2017, & 2018
  • Virginia Super Lawyers Rising Star, 2009–2011
  • Virginia’s Legal Elite - Intellectual Property, 2013, 2014, 2016 & 2017
  • Volunteer Firefighter and Emergency Medical Technician
Duncan G. Byers Shareholder Pender & Coward, P.C. Office: (757) 502-7396 Mobile: Fax: (757) 502-7392