Fashion, Luxury & Retail
The luxury industry is sophisticated and dynamic. Strategy is crucial and timing is everything. In this digital age when opportunities and threats can arise at a moment’s notice, you need a legal business partner who understands your company’s objectives and can navigate you through the unique demands of the luxury industry.
Since 1984, Barack Ferrazzano has been a strategic legal business partner to some of the most respected and iconic luxury goods companies in America and around the world. Notably, we have acted as principal U.S. counsel for Paris-based Louis Vuitton Moët Hennessy, a world leader in luxury goods, since 1987.
For decades, Barack Ferrazzano lawyers have been immersed in the business and legal aspects of the luxury industry, including fashion and accessories, watches and jewelry, wines and spirits, cosmetics, fragrance and skincare, motor vehicle, and hospitality. We understand that cultivating our second generation of lawyers so they appreciate the unique demands of luxury goods clients is instrumental in our continued success in this industry, which sets us apart from other law firms. Our diverse and extraordinary talent allows us to craft unusually practical, creative, and effective solutions to complex challenges and transactions exclusive to the luxury industry, which has been instrumental for our domestic and international clients’ prosperity.
The services we provide to luxury goods clients include:
Brand & Product Development
- Intellectual property counseling, clearance, and registration (U.S. and International), including trademarks, trade dress, design patents, copyrights, slogans, and logos; and
- Manufacturing and supplier agreements.
Brand & Product Promotion
- Trademark license agreements (U.S. and International);
- Celebrity endorsement and brand ambassador agreements;
- Product placement agreements; and
- New product launch support.
Product Sales & Distribution
- Agreements for third party sale and distribution of products, including franchise, distribution, and license agreements (U.S. and International);
- Agreements for direct company sale of products, including design and construction contracts and retail lease agreements for company-owned stores, store-in-store agreements, and department store agreements (U.S.);
- E-commerce policies, programs, and agreements; and
- Logistics agreements (U.S. and International).
Asset Protection – Brands, Company, & Reputation
- Litigation matters, including contract disputes, distribution disputes, intellectual property disputes, and employment disputes;
- Intellectual property matters, including maintenance, protection, and enforcement;
- Employment matters, including employer-employee relationship matters, executive compensation, incentive plans, and retirement plans;
- General corporate matters, and maintenance of corporate books and records; and
- Tax matters.
- Strategic transactions, including mergers, acquisitions, dispositions, and joint ventures;
- Real estate leasing, acquisitions, and divestitures; and
- Books and record upkeep.
- Audi of America
- Automobili Lamborghini America
- Benefit Cosmetics
- Bentley Motors
- Bugatti USA
- Christian Dior
- Donna Karan International
- Fresh, Inc.
- Hublot of America
- Hugo Boss AG
- Kendo Holdings
- Louis Vuitton
- Marc Jacobs
- Moët Hennessy USA, Inc.
- Parfums Christian Dior
- Porsche Cars North America, Inc.
- Sephora USA
- Tag Heuer
- Thomas Pink
Serve as counsel to L Catterton, the largest consumer-focused private equity group in the world, in connection with its growth investments in leading consumer brands, including recent investments in NotCo, Hydrow, FlashParking, ThirdLove, ClassPass, and Il Makiage.
Representation of L Catterton in their $25 million fundraising for Hydrow, an unique at-home fitness system.
Serve as primary counsel to L Catterton Real Estate, which invests in luxury retail-driven, mixed-use real estate developments, in connection with its investments in North American projects, including Miami Design District (Miami), Royalmount (Montreal), and The Amazing Brentwood (Vancouver).
Representation of various luxury companies in their acquisitions of, and strategic joint ventures with the founders of, emerging beauty brands, including Bliss, Fresh, Benefit, Ole Henriksen of Denmark, Urban Decay, Hard Candy, Bite Beauty, Kat Von D Beauty and Fenty Beauty by Rihanna.
Representation of Moët Hennessy and its affiliates in the acquisitions of Newton Vineyard, Belvedere and Chopin vodkas, 10-Cane rum, Woodinville Whiskey Company and an equity interest in Colgin Cellars.
Representation of Givenchy – a Louis Vuitton Moët Hennessy luxury brand known for its haute couture clothing, accessories, and perfume – in the negotiation of a relationship deal with prominent actress and singer Ariana Grande as the new face of Givenchy. Ariana will be featured in Givenchy’s Fall-Winter 2019 campaign, to be unveiled in July (Announced: May 2019).
Representation of Assembled Brands – the company that finances emerging consumer goods brands – in a deal that secured $100 million in permanent capital from funds managed by Oaktree Capital Management, L.P. Assembled Brands will use the funds to finance the next generation of consumer goods brands and to continue the development of its proprietary underwriting technology.
Barack Ferrazzano successfully prevented long-time client Louis Vuitton Malletier SA from being forced to litigate trademark issues with the manufacturer of a novelty toy purse called “Pooey Puitton” in the United States. U.S. District Judge John F. Walter granted Louis Vuitton’s motion to dismiss the declaratory action, agreeing with Louis Vuitton that trademark issues raised under foreign laws do not create a dispute under U.S. trademark laws.
Represented LVMH Moët Hennessy Louis Vuitton in its sale of its interest in Bliss to Starwood Hotels & Resorts.
Represented a division of LVMH in the intellectual property aspects of its acquisition of Millennium Imports, LLC, which held the worldwide rights to Belvedere and Chopin brand vodkas, including overseeing all due diligence activity, and negotiating all intellectual property provisions of the transaction documents.
Representation of Kendo Holdings, Inc., a cosmetics and beauty incubator company owned by LVMH Moët Hennessy Louis Vuitton and affiliated with Sephora, in strategic transactions related to the formation and launch of the brand Fenty Beauty by Rihanna.
Representation of Louis Vuitton in finalizing the negotiation of a complementary collaboration with Leandra Medine Cohen – author, blogger, influencer, and founder of independent fashion and lifestyle site, Man Repeller – as the face of the Spring-Summer 2020 women’s shoe collection by Nicolas Ghesquière.
Represented Louis Vuitton Malletier (Louis Vuitton), in its brand ambassador agreement with rising Japanese-American tennis champion, Naomi Osaka.
Represented Louis Vuitton in the acquisition of Fifth Avenue parcel in New York and the construction of North American flagship store and office building
Representation of LVMH Moët Hennessy Louis Vuitton (LVMH) in strategic corporate and intellectual property transactions related to the formation and launch of Fenty by Rihanna, a new luxury fashion maison of ready-to-wear clothing, shoes, and accessories. The historic collaboration will make Rihanna the first woman to create an original LVMH brand, and Fenty the first LVMH-established fashion house in more than 30 years (Announced: May 2019).
Served as primary counsel to LVMH Moet Hennessy Louis Vuitton in its acquisition of the Hotel Saint-Barth Isle de France, a 5-star hotel located on the Caribbean Island of St. Barthémy.
Represented LVMH Moët Hennessy Louis Vuitton in its acquisition of a number of cosmetics companies, including Fresh, Benefit Cosmetics, Bliss, and Hard Candy.
Representation of LVMH Moët Hennessy Louis Vuitton in its acquisition by merger of Donna Karan International Inc., a publicly held retail company, and a related private company that owns the Donna Karan trademarks, for a total cash purchase price in excess of $700 million.
Represented LVMH Moët Hennessy Louis Vuitton in its acquisition of Duty Free Stores in a cash transaction valued at over $2 billion.
Representation of various fashion and jewelry brands, including Christian Dior, Fendi and Louis Vuitton, in connection with leasing of retail store space in:
Bal Harbour Shops in Florida;
Galleria Dallas and NorthPark Center in Dallas, Texas;
The Crystals at City Center in Las Vegas, Nevada;
The Shops at Charleston Place in Charleston, South Carolina;
The Shops at The Bravern in Bellevue, Washington;
Westfield Galleria at Roseville in Roseville, California; and
Westfarms Mall in Farmington, Connecticut.
Representation of Moët Hennessy in connection with leasing of office space in California, Illinois, New York and Texas.
Represented LVMH Luxury Ventures, an investment arm of LVMH Moët Hennessy Louis Vuitton SE, in its equity investment in renowned horology authority HODINKEE.
Representation of LVMH Moët Hennessy Louis Vuitton in its acquisition of a UK company that owns Hotel Saint-Barth Isle de France, a 5-star hotel located on the Caribbean Island of St. Barthémy. The acquisition involved complex holding structures that required extensive tax planning and negotiations with minority shareholders.
Representation of LVMH Moët Hennessy Louis Vuitton in connection with its acquisition of botanical skincare company Ole Henriksen.
Primary real estate counsel for LVMH and related entities, including representation of Fendi North America, Inc. in connection with the negotiation of retail leases at The Mall at Short Hills, Beverly Center, Americana Shopping Center, Shoppes at The Palazzo, Woodbury Common Premium Outlets, Bal Harbour Shops and The Crystals at City Center; representation of Louis Vuitton North America, Inc. in connection with the negotiation of retail leases at Charleston Place, Houston Galleria, Westfield Galleria at Roseville, The Shops at The Bravern, The Mall at Short Hills, Westfarms Mall, NorthPark Center and The Crystals at City Center; representation of DFS Group, L.P. in connection with the renegotiation of retail lease for the DFS Galleria luxury department store in Waikiki, Hawaii; and Sephora USA, Inc., in connection with the negotiation of numerous shopping center and free-standing store leases throughout the United States
Served as primary counsel to LVMH Moet Hennessy Louis Vuitton in its $650 million sale of Donna Karan International to G-III Apparel Group, Ltd., a publicly-traded company.
Represented LVMH in the acquisition of parcel on 57th Street in New York City and the construction of the LVMH Tower, the North American headquarters of LVMH and affiliated brands and the North American flagship store of Christian Dior
Represented Moët Hennessy, a division of LVMH Moët Hennessy Louis Vuitton SE, in its acquisition of a minority stake & distribution partnership with WhistlePig Whiskey.
Manages global anti-counterfeiting and trademark enforcement matters for a leading manufacturer of welding, cutting, and joining equipment.
Manages global trademark portfolio for a leading metals and materials distributor.
Obtained a federal trademark and service mark registration covering an iconic 3-dimensional character mark used by one of the nation’s leading insurance providers.
Obtained a permanent injunction in trademark and trade dress infringement and dilution action involving a famous advertising spokesperson used by one of the nation’s largest insurance providers.
Obtained a permanent injunction and $2 million statutory damages award in a trademark counterfeiting civil action involving financial services fraud.
Obtained a temporary restraining order barring defendants from using, promoting, or displaying infringing trademark during industry’s largest trade show.
Obtained a summary judgment and permanent injunction for a plaintiff challenging a defendant’s unauthorized use of the plaintiff’s famous trademarks on merchandise bags sold to the plaintiff’s independent motorcycle dealerships.
Obtained a permanent injunction against a competitor’s use of infringing and dilutive color trademark used in connection with medical products.
Obtained a permanent injunction against a competitor’s infringing and dilutive product configuration trade dress for game puzzles.
Successfully opposed a competitor’s application to register similar hair care products trademark after a full trial on the merits in T.T.A.B.
Obtained a reversal of U.S.P.T.O. genericness and descriptiveness refusal in ex parte appeal of “1-800”-formative trademark in the T.T.A.B.
Represented an applicant in inter partes opposition in the T.T.A.B. involving audible sound marks used in connection with telecommunications goods and services.
The Firm has a longstanding relationship with LVMH, an iconic luxury goods and services conglomerate with 60+ brands, serving as outside counsel for its corporate and real estate transactions, as well as intellectual property and litigation matters around the world, and providing strategic legal counsel in connection with acquisitions, dispositions, joint ventures, brand management, employment agreements, and endorsement agreements.
Representation of Sephora in negotiations with Kohl's on a long-term strategic partnership to create a new era of elevated Beauty at Kohl's, marrying Kohl's expansive customer reach and omnichannel convenience with Sephora's prestige service, product selection and exceptional beauty experience.
Ongoing representation of several cosmetic companies in connection with the prosecution, maintenance, and licensing of their worldwide trademark portfolios, of which work has involved preparing cease-and-desist letters to infringing entities and initiating litigation to the extent necessary to protect the client’s intellectual property rights.
Representation of global private equity firm L Catterton and its fund strategies (including L Catterton North American Growth and L Catterton Real Estate) in connection with its growth investments in leading consumer brands, luxury retail-driven real estate developments, and other transactions.
- Automobili Lamborghini America
- Bentley Motors
- Christian Dior
- Ermenegildo Zegna
Representation of Fendi – a subsidiary of LVMH Moët Hennessy Louis Vuitton known for its fur and leather good accessories – in connection with its growth investments, real estate acquisitions, and other matters.
Representation of Givenchy – a subsidiary of LVMH Moët Hennessy Louis Vuitton known for its haute couture clothing, accessories, and perfume – in connection with its growth investments, brand ambassadorships, and other matters.
- Hublot of America
- Hugo Boss
Representation of Kendo Holdings, Inc. – a subsidiary of LVMH Moët Hennessy Louis Vuitton known for its cosmetics and beauty incubation – in connection with its growth investments and other matters.
Representation of Louis Vuitton, a subsidiary of LVMH Moët Hennessy Louis Vuitton, in connection with its growth investments in leading consumer brands, M&A, and other matters.
Representation of French multinational conglomerate LVMH in connection with its growth investments in leading consumer brands, luxury goods, and other transactions.
- Marc Jacobs
Representation of Moët Hennessy, a subsidiary of LVMH Moët Hennessy Louis Vuitton, in connection with its growth investments in leading consumer brands, M&A, and other matters.
- Sephora USA
- Thomas Pink
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- May 20, 2019 – Recipient, 2019 Law360 Distinguished Legal Writing Award Winner
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