Pirkey Barber is a top-tier firm focusing in trademark, copyright, and unfair competition law.

We regularly counsel clients seeking to acquire, protect, and enforce copyright assets. Our attorneys frequently advise clients with respect to securing and documenting ownership of copyright assets, registering copyrights with the U.S. Copyright Office, assessing potential fair use claims, and negotiating licenses and other transactions involving copyrights. The firm also litigates copyright disputes on behalf of both plaintiffs and defendants. We assist clients with submitting takedown notices under the Digital Millennium Copyright Act (DMCA), and advise clients in responding to such notices.

Our lawyers have represented clients in hundreds of trademark cases across the United States in federal courts and before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. From straightforward cases to highly nuanced issues without clear precedent, we provide counsel based on years of experience.

We have experience in all facets of trademark clearance and prosecution. We counsel clients regarding brand selection and help to develop global trademark strategies. On a daily basis, our attorneys perform preliminary trademark searches; analyze full searches performed by outside vendors; work with the Patent and Trademark Office through all aspects of registration, from filing applications through ex parte appeal.

Our comprehensive approach to policing and enforcement spans a wide range of intellectual property assets, from trademarks and copyrights to domain names and social media properties. We offer clients vigilant watch services to identify potential infringements and take swift action to enforce rights. This may include initiating cease-and-desist letters, negotiating settlements, or pursuing litigation. Our team is equipped with experience in diverse sectors, allowing us to tailor enforcement strategies that align closely with our clients’ business goals and market realities. Notable experiences include helping technology firms enforce software copyrights, guiding retailers in combating trademark dilution, and representing various industries in federal court actions.

We counsel clients on wide variety of IP-related transactions. Our representations range from consulting on specific issues in an agreement to actively negotiating all aspects of the transaction. We have particular expertise assisting clients with:

• In-bound and out-bound license agreements
• Software license agreements
• Creative content and character license agreements
• Trademark coexistence and concurrent use agreements
• Sponsorship and endorsement agreements
• Influencer agreements
• Ad agency and service provider agreements
• Private label agreements
• Development and implementation of intracompany licensing structures and intellectual property holding companies

Brand owners are increasingly in need of advice on best branding practices in a world where the forms of, and parameters for, advertising are constantly being probed and redefined. Within this evolving landscape of legal risk and opportunity, we advise our clients on their abilities to robustly advertise their products and services while preventing competitors from falsely advertising competitive products. In addition to litigating complex competitive advertising disputes and advising on advertising claims and substantiation, we guide our clients on branding guideline compliance, social media opportunities and limitations, sponsorship, influencer, and endorsement agreements, talent and celebrity contracts, privacy and publicity rights, disclaimers and disclosures, and confidentiality and non-disclosure agreements.

We have experience managing international portfolios of all sizes. Our focus includes strategic brand development, global expansion, and navigating the complexities of legal systems in different countries. We work with a network of foreign associates to align with local regulations. Our services range from initial consultation to routine portfolio audits, aiming to manage risk and optimize the value of intellectual property assets.

Our goal is to help our clients address their compliance needs while optimizing their use of social media. In addition to working with clients to combat infringing, false advertising, or deceptive practices, we advise on structure, compliance issues, promotion, and endorsement campaigns. We also consult on policies that protect intellectual property rights in social networks and the broader social media context. Furthermore, we counsel clients on e-commerce issues, including co-branding, co-marketing, and end-user agreements.

We handle a variety of issues unique to the online space, ranging from clearance projects for marks designed for widespread internet use to policing and litigation where the infringing uses are internet-focused. We engage directly with internet-focused companies such as search engines (e.g., Google), advertising content providers (for ads appearing in search engine results, monetized parking pages, and elsewhere), registrars offering “private” domain name registration services (such as GoDaddy/Domains by Proxy), website hosting companies (for infringing content, DMCA take-down requests, etc.), social media sites (e.g., Facebook, Twitter, Instagram), and sites offering software applications for smartphones and tablets (e.g., the App Store). We keep our clients informed about developments in generic top-level domains and are highly experienced in handling domain name disputes under ICANN’s policies, including the UDRP.

We have broad experience in evaluating and counseling clients in a variety of trade dress and nontraditional marks issues across industries. Our trade dress experience ranges from counseling clients on domestic and international prosecution and rights acquisition strategies for product configurations, trade dress, and non-traditional marks, to enforcing these rights in federal court. Illustrative trade dress and nontraditional mark experiences include assisting an international oil and gas company with the protection and enforcement of trade dress rights in exterior store trade dress, assisting well-known consumer products companies with protecting and enforcing rights in their color marks, representing a well-known university in protecting the design of its iconic building, and for a major accessories client, securing robust trademark and copyright protection in jewelry design.

The fight against counterfeit goods is an essential part of trademark protection in the global marketplace. We offer a multi-layered approach that includes risk assessment, proactive monitoring, and decisive enforcement action. By leveraging our international network of investigators and legal experts, we can track and act against counterfeiters, regardless of their location. Our capabilities extend to initiating legal actions, including cease-and-desist orders and, where necessary, litigation to ensure that your trademark assets are fully protected.

The burgeoning world of blockchain technology, including cryptocurrencies and Non-Fungible Tokens (NFTs), presents novel legal challenges and opportunities for trademark owners. Our team is experienced in advising clients on how to navigate the complexities of trademark rights in this decentralized digital landscape. Whether it’s advising on the tokenization of trademark assets, understanding the implication of smart contracts on brand agreements, or dealing with trademark infringement in decentralized platforms, our objective is to safeguard your intellectual property while enabling you to capitalize on these emerging technologies.