Pirkey Barber Secures Full Victory at Trial for Dryshod International, LLC
Background:Dryshod International, LLC manufactures and sells premium rubber work boots under the DRYSHOD brand. Haas Outdoors, Inc., known for licensing camouflage patterns, initiated legal action against Dryshod.
Challenge:
Haas Outdoors accused Dryshod of using a camouflage pattern on its boots that infringed on Haas Outdoors’ NEW BREAK-UP pattern copyright. Additionally, Haas alleged trademark infringement, claiming Dryshod’s use of the product name MOBU infringed on its MOSSY OAK and BREAK-UP trademarks.
Approach:
Trial Preparation: Pirkey Barber was brought in as trial counsel after the discovery phase, replacing Dryshod’s previous law firm.
Focused Action: During the three-day bench trial from October 25-27, 2021, the team presented a strong defense against the claims.
Decisive Motion: After Haas Outdoors presented its case, Pirkey Barber moved for judgment to dismiss the copyright claim, which the court granted.
Outcome:
Copyright Claim: The court granted Pirkey Barber’s motion, dismissing the primary copyright claim against Dryshod. This was a major aspect of the case and represented a complete victory on this claim before the trial concluded.
Trademark Claim: On July 22, 2022, the court issued a 30-page opinion dismissing Haas Outdoors’ trademark claims. The opinion supported all positions advocated by Pirkey Barber, including the finding that Haas Outdoors had no trademark rights in MOBU and that there was no likelihood of confusion with the MOSSY OAK BREAK-UP mark.
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