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- Practices and Industries
- Consumer Brands
Covington has built a reputation for understanding the unique challenges that brands clients face. We work with established lifestyle brands, fashion houses, global beverage companies, sports and beauty brands, ranging from the luxury sector to the mass market, to aspiring start-ups. In addition to deep industry knowledge, we have extensive experience of working in both emerging and mature markets throughout the world.
We help clients create new brands, diversify into new markets, extend product ranges, build customer followings, protect vital assets and manage their governance issues. You give us a strategic challenge, and we combine the expertise of lawyers across the globe who are recognized leaders in their fields to find solutions.
Often, the challenges are complex and novel so having dynamic, experienced people on your side can make all the difference. To tackle your legal and business issues, we build a bespoke team from a variety of disciplines: regulatory compliance and government affairs, anti-corruption and white collar crime, IP enforcement, corporate and commercial, Internet enforcement and data privacy.
Collaboration is at the heart of everything we do.
Joint venture for largest spirits company in the world
Advised Bacardi in its joint venture with Anheuser-Busch for the creation and marketing of the BACARDI SILVER product and follow-on “malternative” products.
Domain name recovery
Advised Cartier in an in rem action in the United States District Court for the Eastern District of Virginia to recover more than 100 infringing CARTIER domain names.
Trademark Litigation
Represented Chloé in trademark litigation in the United States District Court for the Middle District of Florida concerning defendant’s use of the CHLOÉ mark for women’s clothing offered for sale on its website and for a women’s clothing store.
Acquisition for global fashion brand
Advised Giorgio Armani Group on the acquisition of its retail and wholesale business from long-term retail partner Club 21. The transaction involved the acquisition of a significant premium real estate portfolio.
Global expansion for children's apparel and accessories licensing partner
Advised the Haddad Apparel Group, manufacturer and distributor of Nike, Levi’s, Jordan and Converse branded children’s apparel and accessories, in a collaboration with a Chinese entity to develop, manufacture and distribute “ROOKIE USA” branded children’s apparel.
Commercial Contract for American Football League
Advised the National Football League in its eight-year agreement with ESPN providing for Monday Night Football, the most successful series in sports media history, to remain on ESPN through the 2021 NFL season.
A&P Company
Represented Wilmington Trust Company as indenture trustee and member of creditors’ committee in this Chapter 11 case.
Acquisition of Unilever’s Global Prestige Fragrance Business
Represented Coty, Inc. in its $800 million acquisition of Unilever’s global prestige fragrance business.
BCRs for multinational e-commerce company
Assisting a global e-commerce company in preparing and filing BCRs with the Luxembourg data protection authority.
Charlesbank in Acquisition of OTC Consumer Products Brands
Represented Charlesbank Capital Partners in the formation of Blacksmith Brands and its acquisition of five OTC consumer products brands, Efferdent, Effergrip, Luden’s, Nasalcrom and PediaCare, from McNEIL-PPC and subsequent $190 million sale of Blacksmith Brands to Prestige Brands Holdings, Inc.
Advice on retailer pricing claims
Advising retailers on pricing claims and practices, including the use of the word “free,” “two-for-one” offers, and trial periods with negative cancellation options.
Charlesbank Capital Partners Investments
Represented Charlesbank in its investment in Universal Technical Institute, in its acquisition and sale of Aurora Organic Dairy, in its acquisition and sale of The GSI Group, in acquisitions of Zenith Products, The Horn Companies, Cedar Creek Lumber, and Peacock Engineering Company, in its sale of American Tire Distributors, and in its formation of Blacksmith Brands, which purchased the Efferdent, Luden's and PediaCare brands from Johnson & Johnson, and subsequent sale of Blacksmith Brands to Prestige Brands.
Advising Large Public Companies and Investors on Corporate Governance Matters
Represented boards in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries as well as hedge funds, public pension funds, and other investors with respect to corporate governance developments regarding board and committee composition, crisis management, cybersecurity, internal controls, shareholder proposals, proxy access, political spending, and other sensitive disclosures and similar matters.
Plaintiff in Successful Rehearing in Toney v. L'Oreal USA, Inc.
Represented plaintiff in successful rehearing in Toney v. L'Oreal USA, Inc., 406 F.3d 905 (7th Cir. 2005), concerning Copyright Act preemption of state rights of publicity.
Old Dominion Footwear Inc ITC Section 337 Investigation
Representation of Old Dominion Footwear, Inc. in the ITC Section 337 Investigation: Foam Footwear, USITC Inv. No. 337-TA-567 (Respondent).
Emine Technology ITC Section 337 Investigation
Representation of Emine Technology in the ITC Section 337 Investigation: Switches and Products Containing Same, USITC Inv. No. 337-TA-589 (Respondent).
Arm’s Reach Concepts, Inc. ITC Section 337 Investigation
Representation of Arm’s Reach Concepts, Inc. in the ITC Section 337 Investigation: Bassinet Products, USITC Inv. No. 337-TA-597 (Complainant).
Phillip Morris ITC Section 337 Investigation
Representation of Phillip Morris in the ITC Section 337 Investigation: Cigarettes and Packaging, USITC Inv. No. 337-TA-643 (Complainant).
Energizer and Eveready ITC Section 337 Investigation
Representation of Energizer Holdings, Inc. and Eveready Battery Company, Inc. in the ITC Section 337 Investigation: Zero-Mercury-Added Alkaline Batteries, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-493 (Complainants).
Tilia Inc. ITC Section 337 Investigation
Representation of Tilia Inc. in the ITC Section 337 Investigation: Vacuum Packaging Machines, USITC Inv. No. 337-TA-496 (temporary exclusion order proceeding) (Complainant).
Beifa Ningbo ITC Section 337 Investigation
Representation of Beifa Ningbo in the ITC Section 337 Investigation: Ink Markers and Packaging Thereof, USITC Inv. No. 337-TA-522 (Respondent).
Nokia ITC Section 337 Investigation
Representation of Nokia in the ITC Section 337 Investigation: Cellular Radiotelephones and Subassemblies and Component Parts Thereof, USITC Inv. No. 337-TA-297 (Respondent).
Samsung ITC Section 337 Investigations
Representation of Samsung in the ITC Section 337 Investigations: Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, USITC Inv. No. 337- TA-882 (Respondent); Electronic Devices, Including Handheld Wireless Communication Devices, USITC Inv. No. 337-TA-673 (Respondent); and Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, USITC Inv. No. 337-TA-663 (Respondent).
Echostar and Scientific Atlanta ITC Section 337 Investigation
Representation of Echostar and Scientific Atlanta in the ITC Section 337 Investigation: Set-Top Boxes and Components Thereof, USITC Inv. No. 337-TA-454 (Respondents).
Nikon ITC Section 337 Investigation
Representation of Nikon in the ITC Section 337 Investigation: Microlithographic Machines and Components Thereof, USITC Inv. No. 337-TA-468 (Complainant).
Crews, Inc. ITC Section 337 Investigation
Representation of Crews, Inc. in the ITC Section 337 Investigation: Safety Eyewear and Components Thereof, USITC Inv. No. 337-TA-433 (Respondent).
Vizio ITC Section 337 Investigation
Representation of Vizio in the ITC Section 337 Investigation: Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, USITC Inv. No. 337-TA-822 (Respondent).
Asia data privacy
Advising a global online travel company in relation to the company’s expansion in the Asian markets, including compliance with laws regulating the Internet.
Armani in Trademark Litigation in U.S. District Court for the Eastern District of Virginia
Representation of Armani in trademark litigation in the United States District Court for the Eastern District of Virginia to recover the ARMANI.COM domain name from a man whose initials and last name are A.R. Mani.
Bacardi in Defense of False Advertising Lawsuit Concerning HAVANA CLUB Rum
Representation of Bacardi in its defense of a false advertising lawsuit concerning HAVANA CLUB rum in the District Court of Delaware.
Hotel and resort development
Advising Giorgio Armani S.p.A. on its collaboration with a listed Dubai property company for the development of a worldwide chain of Armani hotels and resorts.
HIPAA training
On behalf of a major consumer products company, developed a HIPAA training module for the company’s health plan.
Trusted Advisor to Fortune 100 Companies
Represent Fortune 100 companies in the consumer goods, health insurance, and technology industries with respect to sensitive, ongoing securities disclosure, and compliance matters.
The Hut Group Equity Fundraising
Represented The Hut Group Limited on an equity fundraising.
Hair Brush Company in Obtaining Preliminary Injunction Against Rival
Represented hair brush company in obtaining preliminary injunction against rival based on trade dress and design patent.
Procter & Gamble Consumer Product Class Actions
Represented The Procter & Gamble Corporation in California, New York, Florida, and Minnesota class actions challenging the labelling of a wipes product as flushable.
Montblanc and Coty in Trademark Infringement Suit
Representation of luxury goods makers Montblanc and Coty in trademark infringement litigation in federal district and appellate courts resulting in injunctive relief against unauthorized sellers of imported gray market goods.
Kayne Anderson Capital Advisors on a Range of Sports Lending Transactions and Other Investments
Represented Kayne Anderson Capital Advisors on a range of its lending transactions and other investments, including loans to (and other investments in) Sport 10 IP Limited, the holding company that owns all of Pelé’s marketing rights as well as the rights to all of Pelé commercial appearances.
Linzor Capital Partners Retail Merger in Mexico
Represented Linzor Capital Partners, the Latin American private equity fund, in the merger of the retail operations of its portfolio company Moda en Distribución, S.A.P.I. de C.V., into Devlyn Holdings, S. de R.L. de C.V., to create Mexico’s largest eyewear retailer.
Cartier in In Rem Action in U.S. District Court for the Eastern District of Virginia
Representation of Cartier in an in rem action in the United States District Court for the Eastern District of Virginia to recover more than 100 infringing CARTIER domain names.
Chloé in Trademark Litigation in the U.S. District Court for the Middle District of Florida
Representation of Chloé in trademark litigation in the United States District Court for the Middle District of Florida concerning defendant’s use of the CHLOÉ mark for women’s clothing offered for sale on its website and for a women’s clothing store.
Secured Favorable Trademark Ruling for Stolichnaya Brand
Representing SPI Group in a trademark dispute with a designee of the Russian Federation concerning rights to sell Stolichnaya vodka in the United States.
Employment aspects of acquisition for luxury brand
Advised Giorgio Armani S.p.A. on employment and benefits aspects of the acquisition of its retail and wholesale UK business from Club 21.
$3.6 Million Jury Verdict in Favor of World Marketing, Inc. in Trademark Dispute
Won a $3.6 million jury verdict in California federal court after a jury found that apparel giant Quiksilver, Inc. willfully infringed World Marketing, Inc.’s longstanding federally registered “VISITOR” brand. Following a six-day jury trial, the eight-member jury unanimously found that Quiksilver willfully infringed World Marketing’s brand after launching its clothing and apparel brand VSTR, which it pronounced “visitor.” World Marketing, a family-owned company based in New York, has been selling clothing and apparel under its registered VISITOR trademark for more than 20 years, including at stores like Saks Fifth Avenue, Macy’s, and Men’s Wearhouse.
Support Systems Int’l, Inc. ITC Section 337 Investigation
Representation of Support Systems Int’l, Inc. in the ITC Section 337 Investigation: Fluidized Support Apparatus, USITC Inv. No. 337-TA-182 (Complainant).
Shummi Enterprise Co., Ltd and Shumei Industrial Co., Ltd. ITC Section 337 Investigation
Shummi Enterprise Co., Ltd; Shumei Industrial Co., Ltd in the ITC Section 337 Investigation: Toothbrushes and Packaging Thereof, USITC Inv. No. 337-TA-391 (Respondent).
Microjet Technology ITC Section 337 Investigation
Representation of Microjet Technology in the ITC Section 337 Investigation: Ink Jet Cartridges, USITC Inv. No. 337-TA-446 (Respondent).
“New” product advice
Advising remanufacturers and refurbishers of consumer products as to FTC and state law regulating their ability to describe products as “new.”
Microsoft in $7 Billion Acquisition of Devices and Services Business
Represented Microsoft, as IP, commercial, and regulatory counsel, in its $7 billion purchase of substantially all of Nokia’s devices & services business.
Patagonia privacy class action
Achieved favorable resolution for Patagonia in a putative class action alleging wrongful collection of personal information in connection with credit card transactions.
Microsoft Acquisition of Nortel Patents
Represented Microsoft in the $4.5 billion winning bid in the auction of Nortel Networks Corporation’s 6000 patents and patent applications.
Acquisition of Fashion Retailer Club 21
Represented Giorgio Armani in its acquisition of the retail and wholesale business from long-term retail partner Club 21.
Acquisition of Commercial Rights to Pelé Brand
Represented Kayne Anderson Capital Advisors in connection with the acquisition of commercial rights to Pelé’s name and likeness.
Grupo Mabe in Cross-Border Sale
Represented Grupo P.I. Mabe, the leading producer of hygienic products in Mexico, in its $425 million sale to Ontex Group NV, a publicly listed company based in Belgium.
Share Repurchase Programs
We routinely represented Fortune 500 companies in the pharmaceuticals, consumer goods, and health insurance industries with respect to multibillion dollar share repurchase programs.
Securities Counsel to Numerous Fortune 500 companies
Represent numerous Fortune 500 companies in the pharmaceuticals, consumer goods, health insurance, home equipment, advertising, motor vehicles, network communications, and technology industries with respect to the resolution of shareholder proposals concerning executive compensation, majority voting, proxy access, the right to call special meetings, political spending and lobbying disclosures, and a host of other topics.
Sale of ThermaCare Brand
Represented Procter & Gamble in its sale of ThermaCare to Wyeth Consumer Healthcare.
Sherwin-Williams TCPA class action
Defending Sherwin-Williams in a putative class action alleging violations of the Telephone Consumer Protection Act in connection with a commercial text message program for paint contractors.
Shoe Show FACTA class action
Achieved a favorable resolution for Shoe Show in a putative class action alleging violation of the Fair and Accurate Credit Transaction Act for allegedly printing expiration dates on credit card receipts.
Food and Cosmetics Labeling Class Actions
Represented numerous food and cosmetics companies in responding to demand letters and class actions under the California Consumer Legal Remedies Act and Unfair Competition Law arising out of alleged false and misleading statements on labels and marketing materials.
Spin-Off of Hanesbrands Inc.
Represented Hanesbrands Inc. in its $2.4 billion spin-off from Sara Lee, Inc. and listing on the NYSE.
Sale of Orajel and other Brands
Represented Coty, Inc. in its $380 million sale of the Orajel brand and other brands of Del Pharmaceuticals to Church & Dwight.
Sale of Noxema Brand
Represented Procter & Gamble in its sale of Noxema skin care brand in the US, Canada, and certain portions of Latin America to Alberto Culver.
June 26, 2017, Daily Journal
May 19, 2017
NEW YORK—Covington advised Perella Weinberg Partners as financial advisor to Kate Spade & Company in connection with its sale to Coach, Inc. for approximately $2.4 billion. Kate Spade & Company is a fashion company that designs and markets a range of women's and men's apparel, accessories, and fragrance products under the Kate Spade New York and Jack Spade ...
May 11, 2017, CovBrands
On 10 May 2017 the European Commission published its Final Report on the E-commerce Sector Inquiry (the “Report”). The Commission’s E-commerce Sector Inquiry, launched on 6 May 6 2015 as part of the Digital Single Market Strategy, gathered evidence from nearly 1,900 companies connected with the online sale of consumer goods and digital content. The...… ...
May 10, 2017, CovBrands
On Tuesday 9 May, John Lewis PLC announced that it had set aside £36m, as it became the latest in a long line of retailers to fall foul of the U.K.’s national minimum wage regulations. The group ascribed the shortfall to its practice of “pay averaging”, which it introduced in 2006. Under this policy, John...… Continue Reading
April 20, 2017, Law360
Earlier this month, in Maloney v. T3Media Inc.,[1] the Ninth Circuit held that former college athletes could not assert a right of publicity to prevent the NCAA and its licensee, T3Media, from distributing images of the players. The court ruled that the players’ right of publicity was preempted by Section 301 of the Copyright Act because photographs of the college athletes were within the “subject matter” of copyright. While the outcome of the case may be justifiable on the facts, the decision raises more questions than it answers, further muddying the already difficult terrain of copyright preemption under Section 301.
April 8, 2017, CovBrands
On 5 April 2017, the Duesseldorf Higher Regional Court confirmed the August 2015 decision of the Federal Cartel Office finding that it is anti-competitive and therefore illegal to impose on distributors a general prohibition on the use of online price comparison portals. The Cartel Office had faulted Asics over imposing the following restrictions on its...… ...
March 26, 2017, Law360
Leading M&A Lawyer Joins Covington
February 28, 2017
NEW YORK—Tom Kuhn has joined Covington’s Mergers and Acquisitions practice, and will focus on media and technology transactions. He will be based in the firm’s New York office. Mr. Kuhn is a seasoned M&A deal maker, with experience both as a lawyer and as a banker. He also advises on corporate governance matters and provides strategic counseling. He has ...
February 3, 2017, Global Investigations Review
Ian Hargreaves and David Lorello are quoted in a Global Investigations Review article regarding Hargreaves’ recent arrival to Covington. According to Hargreaves, the firm’s “pre-eminence in dispute resolution, and its immense strength and global recognition as a market-leader in white-collar crime matters and investigations” fueled his decision. Lorello says, ...
January 31, 2017
LONDON—Ian Hargreaves has joined Covington as a partner in the firm’s European Dispute Resolution practice resident in London. Mr. Hargreaves’ arrival follows that of litigation partners Craig Pollack, Greg Lascelles, Elaine Whiteford, and Louise Freeman over the past six months. Mr. Hargreaves advises on major European white collar and related civil and ...
Covington makes KWM competition hire
January 17, 2017, Global Competition Review
Louise Freeman and Johan Ysewyn are quoted in a Global Competition Review article regarding Freeman’s arrival to the firm’s European Dispute Resolution practice. According to Freeman, Covington is an exciting firm to join – especially as the firm is “expanding at a phenomenal rate.” She adds, “It’s going to be great fun educating the London market on what is ...
2 Disputes Lawyers Move To Covington Amid KWM Collapse
January 17, 2017, Law360
Alex Leitch and Jeremy Wilson are quoted in a Law360 article regarding the arrival of Craig Pollack and Louise Freeman to the firm’s European Dispute Resolution practice. According to Leitch and Wilson, “The firm’s growing footprint in London is a reflection of client demand that is fueled by the increasingly challenging regulatory and compliance environment, ...
January 16, 2017
LONDON—Craig Pollack and Louise Freeman have joined Covington as partners in the firm’s European Dispute Resolution practice resident in London. Mr. Pollack will also serve as co-chair of the firm’s Global Disputes Initiative with former U.S. Attorney General Eric Holder and former U.S. Under Secretary of State Alan Larson. Mr. Pollack focuses on complex high ...
August 16, 2016, CovBrands
On 30 June 2016, over 150 people attended the Walpole Luxury Summit: 2016 The Americas, which was ran in association with Covington in London. Louise Nash from Covington welcomed all of the attendees to the event and an impressive line-up of speakers presented on the latest developments and opportunities in the American market. Topics that...… Continue Reading
July 29, 2016, CovBrands
The European Commission intends to ban the use in apparel of hundreds of Cat. 1A and 1B carcinogenic, mutagenic and toxic for reproduction substances (“CMRs”) within the next year. To do so, the Commission expects to use the so-called “fast-track” procedure to ban CMRs under Regulation 1907/2006 (“REACH Regulation”), instead of the standard procedure for...… ...
July 20, 2016, CovBrands
On 6 July 2016, the Court of Appeal of England and Wales upheld the validity of injunctions requiring the five leading Internet service providers (“ISPs”) in the UK to block consumer access to websites marketing counterfeit goods and infringing trademarks. Significantly, the ISPs, as intermediaries for the infringement, were burdened with the costs of ...
July 20, 2016, CovBrands
Covington announced its support of the MA Fashion course at Central Saint Martins (CSM) towards the end of last year. Since then, we have provided a number of practical workshops to the students enrolled in the course. Our aim is to equip aspiring designers with important legal and commercial knowledge as they near graduation. The...… Continue Reading
2017
Our Brexit Task Force is staffed by senior lawyers and advisors across London, Brussels, and Washington to monitor events and to keep clients apprised of legal, regulatory, and policy developments. We are advising clients across a wide range of businesses and industries on the impact and implications of Brexit, including on strategic policy and regulatory ...
UK Votes to Leave the EU
June 24, 2016, Covington Alert
The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain. Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...
EU Law and Life Sciences - Cosmetics: Managing Online Sales to Protect Your Brand
May 12, 2016, Webinar
April 29, 2016, CovBrands
On 25 April, the German Higher Regional Court in Frankfurt filed a request for a preliminary ruling with the European Court of Justice (“ECJ”) in a case that turns on the ability of branded goods manufacturers to protect the reputation of their brands by controlling online trade. Coty is suing one of its authorised distributors,...… Continue Reading
December 8, 2015, CovBrands
The UK Competition and Markets Authority (“CMA”) has opened an investigation into suspected anticompetitive arrangements relating to online sales of licensed sport and entertainment merchandise and other consumer products. The opening of the investigation follows raids on December 1, 2015 at the headquarters of Trod Limited, a UK retailer of toys and sports ...
December 3, 2015, CovBrands
In a reminder that the agency still has an interest in “Made in the USA” claims, on November 20, 2015, staff from the U.S. Federal Trade Commission (“FTC”) issued a letter to Niall Luxury Goods, LLC (“Niall”) closing an investigation of the company’s claims that its watches are made in the United States. Although the Missouri-based...… Continue Reading
July 27, 2015, Bloomberg
Quoting Covington's Louise Nash.
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