Pirkey Barber Wins a Victory at Trial for its Client Anastasia Beverly Hills, Inc.
Pirkey Barber PLLC won a complete victory for its client, Anastasia Beverly Hills, Inc., in a trademark infringement trial in the U.S. District Court for the Southern District of Florida (Miami, FL). The dispute involved a makeup product formerly sold by Anastasia, called the Gleam Glow Kit. The kit contained four colors of face makeup, which Anastasia named Hard Candy, Mimosa, Starburst, and Crushed Pearl. Plaintiff Hard Candy, LLC, a Miami-based cosmetics company, sued Anastasia and claimed that the color name Hard Candy infringed Plaintiff’s trademark rights.
The case was tried to the Honorable Kathleen M. Williams in mid-January. Pirkey Barber attorney Travis Wimberly co-first chaired the trial, examining several witnesses and presenting opening and closing statements for Anastasia. Lou Pirkey provided strategic oversight, and Steve Meleen and Jered Matthysse also participated in various aspects of the case.
The Court announced its ruling on February 2, finding for Anastasia on all of Plaintiff’s claims. The Court found that consumers were not likely confused by Anastasia’s use of the words Hard Candy as a color name, and thus Anastasia did not commit trademark infringement. The Court also found in the alternative that, even if consumers had been confused, Anastasia’s use of the words Hard Candy was a “fair use” under the Lanham Act. Plaintiff has filed a notice of appeal to the U.S. Court of Appeals for the Eleventh Circuit. The parties’ appellate briefs will be due later this year.
Pirkey Barber Praised by World Trademark Review’s WTR 1000 for Eighth Consecutive Year
March 7, 2018
Pirkey Barber PLLC was named one of the top firms in the country for trademark law in the 2018 edition of World Trademark Review’s WTR 1000.
The firm achieved Silver status nationally and was one of just three firms to receive the top Gold ranking for the State of Texas. The Northern Virginia office ranked in the Bronze tier for both “Enforcement & Litigation” and “Prosecution & Strategy” in the Washington DC metro area for the second year in a row.
“Whenever a conversation arises about the best trademark practitioners, you can bet Pirkey Barber’s lawyers will always be high up on the list. An ‘outstanding’ and ‘highly venerated firm with a who’s who list of clients’, Pirkey Barber is brimming with ‘sophisticated and capable attorneys’.”
Pirkey Barber name partners Louis T. Pirkey and William G. Barber “form the foundation on which the practice is built.” Both were awarded Gold status nationally in “Enforcement and Litigation,” while Mr. Pirkey also received national Gold status for “Prosecution and Strategy.” Mr. Barber and Shannon T. Vale were recognized with Silver status in the national “Prosecution and Strategy” category. Pirkey Barber is one of two firms in the country to have two people awarded Gold for “Enforcement and Litigation” and the only firm to have three people ranked nationally in the “Prosecution and Strategy” category.
In the rankings for Texas, Mr. Pirkey, Mr. Barber, and Mr. Vale were accorded Gold status. Chris Kindel and Anna Kuhn rose to join Steve Meleen and Christopher L. Graff in the Silver tier for Texas. Wendy Larson and Jered Matthysse were awarded Bronze recognition again. Making her debut in the WTR 1000’s Bronze tier is one of the newest Pirkey Barber members, Sherri Eastley. Rodney K. Caldwell was also ranked as a Luminary in the State for the fourth year in a row. Pirkey Barber is the only firm in Texas to have ten attorneys ranked, which comprises one-quarter of all individuals recognized in the state by the WTR 1000.
Mr. Williamson and Tara Vold received Silver recognition for “Enforcement and Litigation” in the Washington, D.C. area while Ms. Vold also received Silver status in the category of “Prosecution & Strategy.”
The WTR 1000 also praised Pirkey Barber’s rising associates saying: “Even its younger associates are singled out for their excellence by peers: ‘Erik Combs is an even-keeled professional who is responsive, practical and reasonable’, while ‘Alexandra Bistline and Travis Wimberly are two up-and-coming stars, who really impress with both their conduct and substantive knowledge’.”
This is the eighth year of the WTR rankings, and the eighth consecutive year that Pirkey Barber has received high marks in the WTR 1000, which recognizes firms and individuals for their depth of expertise, market presence and level of work based on extensive research that includes interviews and correspondence with attorneys and clients.
Pirkey Barber Honored by World Trademark Review’s WTR 1000 for Seventh Consecutive Year Copy
February 8, 2017
Pirkey Barber PLLC was named one of the top firms in the country for trademark law in the 2017 edition of World Trademark Review’s WTR 1000.
The firm achieved Silver status nationally and was one of just two firms to receive the top Gold ranking for the State of Texas. After merging with the highly respected Northern Virginia firm Vold & Williamson PLLC earlier this year, Pirkey Barber also ranked in the Bronze tier for both “Enforcement & Litigation” and “Prosecution & Strategy” in the Washington DC metro area for the first time.
“Trademarks are the lifeblood of ‘premier boutique’ Pirkey Barber, which has grown into a herculean brand management force in a very short space of time.”
Commended by peers and clients for their “stunning reputations” Pirkey Barber co-founders Lou Pirkey and Bill Barber were awarded Gold status nationally in “Enforcement and Litigation,” while Mr. Pirkey also received national Gold status for “Prosecution and Strategy.”
“There is probably nobody more knowledgeable or experienced with significant trademark matters than the two of them.”
Barber and Shannon T. Vale were recognized with Silver status in the national “Prosecution and Strategy” category while Paul Williamson earned Silver in “Enforcement and Litigation.”
In the rankings for Texas, Pirkey, Barber, and Vale were accorded Gold status and Rodney K. Caldwell was ranked as a Luminary in the State. Steve Meleen and Christopher L. Graff were recognized in the Silver tier for Texas. Wendy Larson, Christopher M. Kindel and Jered Matthysse were awarded Bronze recognition.
Mr. Williamson and Tara Vold received Silver recognition for “Enforcement and Litigation” in the Washington, D.C. area while Ms. Vold also received Bronze status in the category of “Prosecution & Strategy.”
This is the seventh year of the WTR rankings, and the seventh consecutive year that Pirkey Barber has received high marks in the WTR 1000, which recognizes firms and individuals for their depth of expertise, market presence and level of work based on extensive research that includes interviews and correspondence with attorneys and clients.
Pirkey Barber Adds Two New Members, Sherri Eastley and Steven Espenshade
Ms. Eastley joined the firm in 2007 as an associate and her trademark practice focuses on advising clients regarding worldwide trademark protection and enforcement strategies; selection and clearance of trademarks; rebranding and advising for strategic worldwide brand roll-outs; management of global portfolios; obtaining domestic and foreign trademark registrations; negotiating licensing agreements; performing due diligence for acquisition of trademark portfolios; counseling clients with respect to copyright matters; and advising clients regarding domain name and Internet issues. Her practice includes management of domestic and international trademark portfolios across a wide variety of industries.
Ms. Eastley received her J.D. with honors from The University of Texas School of Law in 2002, where she was elected to the Order of the Coif. She also studied at Queen Mary, University of London, focusing on international intellectual property law. Prior to law school, she received a bachelor’s degree from Boston University in 1997, graduating Magna Cum Laude. She is also a member of the International Trademark Association, the American Intellectual Property Law Association, and the Austin Intellectual Property Law Association.
Mr. Espenshade joined the firm as an associate in 2010 and brings extensive knowledge in the fields of trademark, copyright and right of publicity law. His practice includes advising clients regarding the selection and clearance of trademarks, obtaining domestic and foreign trademark registrations, and handling trademark opposition and cancellation proceedings before the United States Patent and Trademark Office. He also represents clients with respect to acquiring, registering, and enforcing copyright assets, and negotiating and drafting licenses and other intellectual property transactions.
Mr. Espenshade earned his J.D. with honors from The University of Texas School of Law where he received the Jaime Davila Endowed Scholarship in Law and was a member of the Intellectual Property Law Society. He earned his Bachelor of Arts in Psychology with distinction from Pennsylvania State University and was a member of Phi Kappa Phi Academic Honor Society and Phi Beta Kappa Honor Society. Mr. Espenshade is a member of the International Trademark Association and serves on the Trademark Office Practices Committee. He is also a member of the American Intellectual Property Law Association, the Austin Intellectual Property Law Association, the Copyright Society of the USA’s Texas Chapter and he is a member of the Trademark Committee of the State Bar of Texas Intellectual Property Law Section.
“We are honored to have these talented attorneys and wonderful people join the membership at Pirkey Barber,” said Managing Member Steve Meleen. “Sherri and Steven have both been integral to the firm’s success for many years, and I’m confident that they will make great additions to our leadership team while continuing to provide outstanding service to our clients.”
U.S. News – Best Lawyers® Awards Pirkey Barber Tier 1 Rankings in Trademark Law, Copyright Law and IP Litigation in the Austin Metropolitan Area for the Fourth Consecutive Year
November 6, 2017
Pirkey Barber is proud to announce that we have once again been honored with a Tier 1 Ranking for the Austin area in the 2018 Edition of U.S. News – Best Lawyers® “Best Law Firms” by Woodward/White, Inc.
Our firm was awarded the publication’s highest ranking in three practice areas: Trademark Law, Copyright Law, and Litigation – Intellectual Property Law.
Pirkey Barber has received an Austin-area Tier 1 Ranking in at least one Intellectual Property category every year since this area of the law was first recognized by the publication in 2010. This is the fourth consecutive year that our firm has received the Tier 1 Ranking in all three practice areas.
To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the U.S.
According to U.S. News, the 2018 rankings are based on the highest number of participating firms and highest number of client ballots on record. Over 13,000 attorneys provided more than 1,00,000 law firm assessments, and over 7,500 clients provided more than 65,000 evaluations. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for its abilities, its professionalism, and its integrity.
Two Pirkey Barber Attorneys Included in Super Lawyer’s Top 50 Attorneys in Central and West Texas List for 2017
Pirkey Barber PLLC is pleased to announce that Lou Pirkey and Bill Barber have been chosen as two of the top 50 lawyers in Central and West Texas by Super Lawyers®, a Thomson Reuters Service. This is the first time Mr. Barber has been listed in the top 50 lawyers in Central and West Texas and the twelfth time for Mr. Pirkey.
Super Lawyers® identifies outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. Lawyers with the highest point totals during the selection process are further recognized in the Texas Super Lawyers Top Lists.
Steven Espenshade Moderated INTA TMA Roundtable on Protection of Well Known Marks
Steven Espenshade will be moderating an INTA TMA Roundtable on Friday, October 27, from 12-2PM with lunch provided at the Headliners (221 West Sixth Street). The topic is Protection and Enforcement of Well Known Marks.
How much fame is enough? Connect with your fellow trademark professionals to discuss issues relating to famous trademarks. Discussion topics will include the Well-Known Marks Doctrine, the difference between dilution and likelihood of confusion, and parody cases involving famous marks.
Click here to register. Note: If your firm or company is not a member of INTA, you can create a guest account.
Alex Bistline Presented a Trademark Law Update to the Houston IP Law Association
The Houston Intellectual Property Law Association and University of Houston Law Center’s 33rd Annual Fall Institute on Intellectual Property Law is being held October 5-7, 2017 at the Moody Gardens hotel in Galveston, Texas. HIPLA has put on the Fall Institute in association with the University of Houston for the past thirty-three years. Alex Bistline will be presenting a Trademark Law Update from 1:30pm-2:30pm on Thursday, October 5. Click here to register.
Pirkey Barber Adds Two New Associates, David E. Armendariz and Danae Robinson
Pirkey Barber PLLC is pleased to announce that attorneys David E. Armendariz and Danae Robinson have joined the firm as Associates.
Mr. Armendariz’s practice will focus on trademark and copyright law, specializing primarily in litigation and policing. He joins Pirkey Barber from the Austin office of Vinson & Elkins where he practiced appellate law and civil commercial litigation for four years. Before entering private practice, he served as a law clerk to the Honorable Debra H. Lehrmann on the Supreme Court of Texas.
Mr. Armendariz graduated with High Honors from The University of Texas School of Law in 2012, where he was a member of the Chancellors honor society. He also served as an Articles Editor on the Texas Law Review and was a member of the Order of the Coif.
Danae Robinson* earned her J.D. from the University of San Francisco School of Law, where she was a member of the McAuliffe Honor Society. She was also a member of the Intellectual Property and Cyber Law Association. Prior to law school, Ms. Robinson received her Bachelor of Science in Industrial Engineering in 2013 from the Georgia Institute of Technology. Ms. Robinson will also practice trademark and unfair competition law, including a focus on internet and social media issues.
“We are thrilled to have these talented attorneys join Pirkey Barber,” said Managing Member Steve Meleen. “We’re confident that they will make great additions to our team and provide the high-level service that our clients expect.”
*Admission to the State Bar of Texas pending.
Founded in 2006, Pirkey Barber now has 24 attorneys, making it one of the largest trademark and copyright law firms in the United States.
Best Lawyers® Recognizes Ten Pirkey Barber Attorneys
September 11, 2017
BEST LAWYERS® RECOGNIZES TEN PIRKEY BARBER ATTORNEYS
Pirkey Barber PLLC proudly announces that ten of our attorneys were recognized by their peers for legal excellence in Best Lawyers in America© by Woodward/White, Inc., in 2018.
Pirkey Barber attorneys Bill Barber, Rodney Caldwell, Sherri Eastley, Christopher L. Graff, Christopher Kindel, Wendy Larson, Jered Matthysse, Steve Meleen, Lou Pirkey and Shannon Vale also were recognized by Best Lawyers® for excellent work in Trademark Law.
Mr. Barber, Mr. Caldwell, Mr. Matthysse, Mr. Meleen and Mr. Pirkey also were lauded for their work in Litigation — Intellectual Property Law, while Mr. Vale was again recognized for his expertise in Copyright Law.
First published in 1983, Best Lawyers® is the oldest and most respected peer-review publication in the legal profession worldwide. The 23rd Edition of The Best Lawyers in America (2017) is based on a peer-reviewed survey in which more than 54,905 leading attorneys cast almost 7.3 million votes on the legal abilities of other lawyers in their state. Lawyers are not required or allowed to pay a fee to be listed.