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Pirkey Barber PLLC

United States 2025

Overview

Pirkey Barber is one of the nation's largest firms focusing in trademark and copyright law. Our seasoned attorneys serve clients across various industries, offering expertise in both prosecution and litigation. We assist in establishing, safeguarding, defending, and enforcing your valuable trademark rights, including some of the world's most renowned brands. Headquartered in Austin, Texas, our team includes a number of remote attorneys and paralegals concentrated in the Seattle, San Francisco, DC, and Minneapolis areas.

Experience and Expertise

With years of collective experience representing clients from a variety of industries, our attorneys devote their time to trademark and copyright law and are well-versed in both prosecution and adversarial matters. We help clients large and small establish, protect, defend, and enforce their rights as owners of valuable marks including some of the most well-known trademarks in the world.

Experienced in all facets of trademark clearance and prosecution, we counsel clients regarding brand selection and help develop and implement global trademark strategies. Our attorneys regularly perform preliminary trademark searches; analyze full searches performed by outside vendors; represent clients before the USPTO and the TTAB through all aspects of registration, from filing applications through ex parte appeal; and manage global trademark portfolios of all sizes.

We help companies minimize social media risks while maximizing brand protection by advising on responsible and lawful social media use, conducting social media risk assessment, protecting IP assets and developing policies to promote collaboration between marketing and legal departments.

We counsel clients seeking to acquire, protect and enforce copyright assets, and assist in obtaining registrations, assessing fair use claims, negotiating licenses, and asserting “take down” notices or claiming “safe harbor” status under the Digital Millennium Copyright Act.

We have represented defendants and plaintiffs in hundreds of trademark and domain name cases in federal court, before the US Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) and under the Internet Corporation for Assigned Names and Numbers (ICANN)’s domain name dispute policies.


Founded:
2006
Size:
44
Magnifying glass with star icon
Practice Areas:
3
Person outline with Best Lawyers logo
Best Lawyers Recognized:
17

Rankings

Regional

Austin

Tier
1
Austin
Copyright Law
Tier
1
Austin
Litigation - Intellectual Property
Tier
1
Austin
Trademark Law

About Our Clients

Pirkey Barber's trademark and copyright expertise supports some of the most recognizable and valuable marks. Our client roster includes:

3M

7 Eleven, Inc.

Alamo Drafthouse

Austinuts

Baylor University

Best Buy

County Line

Dell

Ecolab

ExxonMobil

For Eyes Optical

HEB Grocery

Insperity

Kendra Scott

SXSW (South By Southwest Festivals)

TGI Friday’s

The University of Texas

Valero Energy

The Wendy's Company

Whataburger

Whole Foods Market

Select Clients

3M 7 Eleven, Inc. Baylor University Best Buy DELL Ecolab ExxonMobil Insperity Kendra Scott SXSW TGI Friday's Inc The University of Texas The Wendy's Company Valero

Highlighted Client Comments

These featured testimonials reflect a sampling of client experiences. As every legal matter is unique—comments are personal opinions, not guarantees of future results.
Copyright Law
Pirkey Barber is a top-notch firm. I can always count on them to give us good advice, and they are really responsive.
Erin Seki
H-E-B Grocery Company LP
Trademark Law
Pirkey Barber is a rare find --a trademark/copyright specialty firm that actually adds value; they provide tremendous expertise yet common sense advice. I highly recommend them.
 
Trademark Law
Pirkey Barber is hands down the best practice I've worked with. They understand the law and our complicated brands. They are innovative and extremely client service oriented. They are my favorite law firm partners!
 
Trademark Law
Pirkey Barber is quite simply the best business trademark lawyers we work with. They know the issues, and are masters at providing creative advice that accomplishes business objectives. Their counsel makes me a better business partner.
 
Trademark Law
I have been working with Steven Espenshade at Pirkey Barber for about six years. He is extremely knowledgeable, very thorough and a pleasure to work with. I never have to worry about missing any deadlines because I know he's on top of everything.
Missy Reynolds
Alamo Drafthouse
Trademark Law
Pirkey Barber is a fabulous firm with consummate professionals who have an in-depth knowledge of international law, something not always common with US law firms. Especially highly rated are Chris Graf, Erik Combs and Rebecca McCurry.
 
Trademark Law
Pirkey Barber has the top talent and an impressive bench of younger partners and lawyers coming up, being mentored to become top talent themselves. Instead of reaching for McCarthy's if I don't know an answer, I send an email to Pirkey Barber.
 
Trademark Law
I can always trust Pirkey Barber to respond quickly and assess the issues with expertise and creative solutions. They are the kind of lawyers you can either get a detailed opinion from or get a quick "gut check" - which is invaluable to me as an in-house lawyer. They also do a great job of giving younger attorneys exposure to important clients which is refreshing. Not all firms do that.
 
Litigation - Intellectual Property
There is no better trademark-litigation firm in the U.S. than Pirkey Barber, period.
 
Trademark Law
Pirkey Barber is an excellent firm with excellent lawyers. They are always diligent, committed and conscious of the cost-effectiveness of the matter.
Agustin Velazquez
Avah Legal
Trademark Law
Pirkey Barber has an excellent reputation.
 
Trademark Law
Sherri Eastley at Pirkey Barber is an excellent attorney. She is highly knowledgeable, timely in her responses, cost-conscious, and an all-around great lawyer to work with.
Mia Hsu Burton
Michael & Susan Dell Foundation
Trademark Law
I could not be happier with the service we receive from Sherri Eastley at Pirkey Barber. She is very knowledgeable, responsive, and friendly. She gives practical advice and is great to work with.
Allison Akers
Austin Modern Living
Trademark Law
Pirkey Barber is an excellent law firm and a great value. The attorneys at PB are responsible and are very knowledgeable about trademark and copyright. They are easy to work with and give very good, practical advice.
 
Trademark Law
The Pirkey Barber team offers excellent service, and I have no hesitation in recommending them to others. I primarily work with Chris Graff and Jered Matthysse, both of whom are a pleasure to work with; not only do they know the law, they also have a commercial approach, which means we get the best advice possible.
 
Copyright Law
Shannon Vale at Pirkey Barber is very knowledgeable and dependable to provide cost effective copyright legal advice.
 
Trademark Law
The entire trademark practice team at Pirkey Barber is results driven and efficient. Great team!
 
Trademark Law
Sherri Eastley of Pirkey Barber does a superb job handling our trademark portfolio. I would recommend her without the slightest hesitation. She is simply a terrific lawyer.
Janis Hart
Golfsmith International Holdings
Trademark Law
Pirkey Barber is an excellent firm, and we have always been very satisfied with their service on both the trademark and copyright side. The lawyers are extremely knowledgeable, quick to respond to our needs and are pleasant to work with. We value them as outside counsel; and I cannot say enough good things about them. They are truly experts in their field and make my job much easier.
Erin Seki
H-E-B Grocery Company LP
Trademark Law
Pirkey Barber is the best in the business, as far as I am concerned.
 
Copyright Law
Pirkey Barber is excellent.
 
Trademark Law
Pirkey Barber has been an excellent firm for my company prior to my joining and now services our parent and sister companies. Sherri Eastley is extremely responsive and understands our company’s approach, and completely supports us in every area of trademark protection.
Darci Teobaldi
General Counsel – Advance Bionics
Trademark Law
Pirkey Barber is the best choice for trademark, copyright and social media expertise at reasonable rates. They have a wide breadth of expertise in domestic and international law and far-reaching contacts in other jurisdictions.
 
Trademark Law
Pirkey Barber is a great group that knows their stuff backwards, forwards and all around. Very responsive with easy to understand and implement guidance. They always get me and my clients answers we can understand and often suggest creative solutions. They act as part of your team.
 

Rankings

Regional

Austin

Tier
1
Austin
Copyright Law
Tier
1
Austin
Litigation - Intellectual Property
Tier
1
Austin
Trademark Law

Practice Areas

Pirkey Barber PLLC has been ranked by Best Law Firms for excellence in 3 specialties, reflecting the firm's commitment to delivering outstanding legal services.
Additionally, the firm provides services in these practice areas:
  • Copyright Law
  • Litigation - Intellectual Property
  • Trademark Law

Individuals Recognized in The Best Lawyers in America®

Pirkey Barber PLLC proudly has 17 lawyers recognized for their outstanding professional performance in the 2025 edition of The Best Lawyers in America®. This peer-reviewed honor highlights individual excellence and directly qualifies the firm for consideration in the prestigious Best Law Firms rankings. For over four decades, Best Lawyers has been the gold standard for recognizing top legal talent, serving as the cornerstone for Best Law Firms awards. Learn more about our rigorous Best Lawyers research and selection process.
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Client Comments

A strong relationship between a client and their law firm is key to achieving the best possible outcomes. Open communication, trust, and collaboration ensure that attorneys understand each client’s unique goals and needs. Choosing the right firm means finding a team with the experience, knowledge, and dedication to guide you through every stage of the legal process.
Client comments reflect personal opinions and individual experiences. Every case is different, and outcomes depend on specific facts and circumstances. Past results and testimonials do not guarantee similar outcomes in future matters. For personalized legal advice, consult directly with an experienced attorney who can evaluate your specific situation and provide tailored guidance.
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Awards

Pirkey Barber PLLC is honored to be recognized for excellence by Best Law Firms and other leading legal industry organizations. Our rankings and awards reflect the dedication, skill, and results our attorneys deliver across a wide range of practice areas. In addition to our Best Law Firms awards, Pirkey Barber PLLC has earned accolades from respected national and regional publications for outstanding legal service and professional achievement. Explore our awards below to learn more about how Pirkey Barber PLLC continues to set the standard for quality legal representation.
WTR 1000 Top Tier Ranking
Managing Intellectual Property - National Trademark Contentious Firm of the Year
Managing Intellectual Property - U.S. Trademark Contentious Firm of the Year - South
Managing Intellectual Property - U.S. Trademark Prosecution Firm of the Year - South
Chambers USA
U.S. News "Best Law Firms" Tier 1 Ranking - Austin Metropolitan Area
2013 GO-TO Law Firm for the Top 500 Companies

Offices & Contacts

Austin, TX
1801 East Sixth Street, Suite 300
Austin, TX 78702
United States
Tysons, VA
8251 Greensboro Drive, Suite 520
Tysons, VA 22102
United States

Significant Matters

Exxon Mobil Corporation v. FX Networks, LLC, et al.; C.A. No. H-13-2906; in the U.S. District Court for the Southern District of Texas, Houston Division

ExxonMobil filed this suit against FX Networks and other Fox subsidiaries, claiming that the stylized FXX logo infringes and dilutes ExxonMobil’s famous interlocking X design, which it uses as part of its EXXON and EXXONMOBIL logos and as a standalone mark.

The case remains pending, but ExxonMobil has prevailed on the first two motions, including its motion for protection from an excessive set of requests for admission. In addition, in denying Defendants’ motion to dismiss ExxonMobil’s Texas dilution claim, the court decided an important issue of statutory interpretation under Section 43(c)(6) of the Lanham Act. In an opinion of first impression, the court found that Defendants’ ownership of a federal registration for the mark FXX in standard characters does not bar a state dilution claim against a stylized form of that mark. See Exxon Mobil Corp. v. FX Networks, LLC, No. H-13-2906, 2014 WL 4100412.

Frito-Lay North America, Inc. v. Princeton Vanguard, LLC, 109 USPQ2d 1949 (TTAB 2014). We represented Frito-Lay in opposing Princeton Vanguard’s application and petitioning to cancel its registration for PRETZEL CRISPS for “pretzel crackers.” In a precedential and highly publicized decision, the TTAB held that PRETZEL CRISPS is generic, sustained the opposition and granted the cancellation. The TTAB gave controlling weight to generic use of the term “crisps” to identify crackers by competitors in the food business, including by Princeton Vanguard itself, by the media, in disclaimers in trademark registrations, and in dictionaries, and also noted a number of generic references to the combined term “pretzel crisps.” The Board found that combining the generic terms “pretzel” and “crisps” added no new meaning, and thus was a compound term that retained its generic significance. This case is currently on appeal to the Federal Circuit. Press coverage: Law 360, March 6, 2014, “Siding with Frito-Lay, TTAB says ‘Pretzel Crisps’ is Generic”.

H.J. Heinz Company v. Figueroa Brothers, Inc.; C.A. No. 3:14-cv-00843-B in the U.S. District Court for the Northern District of Texas, Dallas Division. Pirkey Barber represented Heinz in this trade-dress / trademark infringement case challenging Figueroa Brothers’ sale of ketchup products in a bottle design similar to Heinz’s famous bottle design, which Heinz has used since the 1890s. Because the case involved Heinz’s famous bottle design, it received attention from a number of media outlets. The parties negotiated a settlement agreement, and on April 11, 2014, the U.S. District Court for the Northern District of Texas entered a permanent injunction prohibiting Figueroa Brothers from using its bottle design or any bottle design confusingly similar to Heinz’s famous bottle design. Press coverage: Texas Lawyer, April 21 issue, page 3, the lead article in the Inadmissible column; Texas Lawyer, April 15, 2014, Bottle battle: trademark ruling for H.J. Heinz Co.; Dallas Morning News, March 7, 2014, “Ketchup giant Heinz sues Irving-based maker of spicy alternative over trademarked bottle design”; Courthouse News Service, March 7, 2014, “Ketchup Maker Can’t Ride Along, Heinz Says”; Courthouse News Service, April 11, 2014, “Ketchup Maker Concedes to Heinz on Bottle Design”.

Board of Regents, The University of Texas System v. Tower Car Wash, Inc., et al., Case No. 1:11-cv-00125-LY in the U.S. District Court for the Western District of Texas. Pirkey Barber represents Board of Regents, The University of Texas (“UT”) in this case challenging Tower Car Wash’s construction of a 60-foot replica of the iconic UT Tower, as well as Tower Car Wash’s logo, which prominently features the UT Tower and an orange color scheme. Because the case involves a local landmark and unique areas of trademark law, it has received attention from a number of media outlets. On January 8, 2014, the court granted final judgment to UT, finding that UT operates one of the most successful collegiate trademark licensing programs in the world and that Tower Car Wash used the marks to take advantage of the university’s goodwill. The court enjoined the car wash and awarded UT $68,285.59 as a reasonable royalty for Tower Car Wash’s infringement. Defendants appealed, and Tower Car Wash, Inc. filed a bankruptcy petition. The parties are currently attempting to negotiate a settlement, subject to bankruptcy court approval.

We represent Valeant Pharmaceuticals International in connection with its brand acquisitions, portfolio management, and global policing. Valeant is a multinational specialty pharmaceutical company that since 2011 has acquired numerous pharmaceutical companies, including Bausch + Lomb, Biovail, Medicis, OraPharma, Pedinol Pharmacal, Eyetech, iNova Pharmaceuticals, Dermik Laboratories, and Ortho Dermatologics. Through its acquisitions, Valeant has acquired thousands of trademarks worldwide. We have provided legal counsel to Valeant in connection with these acquisitions, including the recordation of assignment documentation, integrating and managing the acquired trademark portfolios, and developing and implementing trademark policing strategies. We have also represented Valeant in numerous oppositions and enforcement actions for its portfolio in multiple jurisdictions around the world.

iTunes Festival during South By Southwest 2014. We were IP counsel to SXSW, LLC, producer of the world-famous South by Southwest Festivals and Conferences, in negotiations with Apple for an agreement regarding the US debut of Apple’s iTunes Festival during SXSW 2014. The iTunes Festival is a unique concert series in which performances of some of the world’s biggest musical acts are filmed in high definition before a live audience and streamed on the iTunes Store for live and on-demand access by consumers around the globe. We advised SXSW during extensive negotiations respecting complex trademark and copyright aspects of this agreement to collaborate in mounting the iTunes Festival at SXSW. Because this event represented the first time Apple had produced its enormously successful iTunes Festival outside the UK (where it draws hundreds of thousands of attendees each year), the announcement of this agreement and of the numerous global superstars booked to appear garnered substantial media attention.

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