Pirkey Barber - US Trademark Rankings 2023
Firm Overview:
Pirkey Barber has grown quickly from the Austin, Texas “trademark central” firm founded by former Fulbright & Jaworski partners, Lou Pirkey and Bill Barber, in 2006. Growing from three to 38 attorneys, the firm is now one of the largest US firms focused on trademark and copyright law, and has hit the news stream recently by registering OpenAI’s topical trademark ‘ChatGPT’ and helping Taco Bell to prevail in a tussle over the ‘Taco Tuesday’ mark. Peers say, “I have a lot of respect for them, they do terrific work.” Clients are equally pleased. “We highly recommend them,” says a major international company.
Team Overview:
Located in Austin, Texas, DC Metro, and San Francisco, California, Pirkey Barber operates throughout the United States and abroad. The firm helps clients large and small establish, protect, defend, and enforce their rights as owners of valuable marks. Pirkey Barber’s lawyers have represented clients in hundreds of trademark cases across the United States in federal courts and before the US Trademark Trial and Appeal Board (TTAB). The firm is also experienced in all facets of trademark clearance and prosecution.
Key Matter:
- Alexandra Bistline of Pirkey Barber, Austin TX represents Taco Bell in a TTAB pending cancellation of the mark ‘Taco Bell Tuesday’ held by Spicy Seasonings.
- Stephen Espenshade represented OpenAI in its filing of the mark ‘ChatGPT’.
- Haas Outdoors v Dryshod International, et al., United States District Court for the Western District of Texas. Pirkey Barber members Travis Wimberly, Bistline, and Steve Meleen secured a complete trial victory for premium waterproof footwear brand, Dryshod International, in a long-running copyright and trademark dispute.
- Hunting apparel creator Haas Outdoors accused Dryshod of selling a waterproof boot with a camouflage pattern that allegedly infringed one of Haas Outdoors’ popular patterns, ‘New Break-up’. Haas Outdoors separately alleged the product name of Dryshod’s boot, ‘Mobu’, infringed its trademark rights in the mark ‘Mossy Oak Break-up’.
- Pirkey Barber served as Dryshod’s sole trial counsel, before Judge Robert Pitman of the US District Court for the Western District of Texas. The court found the allegedly infringing camouflage pattern was not substantially similar to the ‘New Break-up’ pattern, and dismissed Haas Outdoors’ trademark infringement claims, including that Haas Outdoors owns no trademark rights in the term ‘Mobu’ and Dryshod’s use of that term was not likely to cause confusion with Haas’ ‘Mossy Oak Break-up’ mark.
Clients:
Dr Maertens Marketing, Dryshod International, Frito-Lay North America, Huawei, Nintendo of America, OpenAI, Taco Bell.
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