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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
Collaboration is at the heart of everything we do.
Advised Bacardi in its joint venture with Anheuser-Busch for the creation and marketing of the BACARDI SILVER product and follow-on “malternative” products.
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.
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.
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.
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.
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.
Achieved favorable resolution for Patagonia in a putative class action alleging wrongful collection of personal information in connection with credit card transactions.
Advising remanufacturers and refurbishers of consumer products as to FTC and state law regulating their ability to describe products as “new.”
Represented Microsoft in the $4.5 billion winning bid in the auction of Nortel Networks Corporation’s 6000 patents and patent applications.
Represented Microsoft, as IP, commercial, and regulatory counsel, in its $7 billion purchase of substantially all of Nokia’s devices & services business.
Represented The Hut Group Limited on an equity fundraising.
Represent Fortune 100 companies in the consumer goods, health insurance, and technology industries with respect to sensitive, ongoing securities disclosure, and compliance matters.
Represented Procter & Gamble in its sale of Noxema skin care brand in the US, Canada, and certain portions of Latin America to Alberto Culver.
Represented Coty, Inc. in its $380 million sale of the Orajel brand and other brands of Del Pharmaceuticals to Church & Dwight.
Represented Procter & Gamble in its sale of ThermaCare to Wyeth Consumer Healthcare.
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.
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.
Represented Hanesbrands Inc. in its $2.4 billion spin-off from Sara Lee, Inc. and listing on the NYSE.
We routinely represented Fortune 500 companies in the pharmaceuticals, consumer goods, and health insurance industries with respect to multibillion dollar share repurchase programs.
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.
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.
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.
Assisting a global e-commerce company in preparing and filing BCRs with the Luxembourg data protection authority.
Represented Wilmington Trust Company as indenture trustee and member of creditors’ committee in this Chapter 11 case.
Represented Giorgio Armani in its acquisition of the retail and wholesale business from long-term retail partner Club 21.
Represented Kayne Anderson Capital Advisors in connection with the acquisition of commercial rights to Pelé’s name and likeness.
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.
Represented Coty, Inc. in its $800 million acquisition of Unilever’s global prestige fragrance business.
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.
Representation of Phillip Morris in the ITC Section 337 Investigation: Cigarettes and Packaging, USITC Inv. No. 337-TA-643 (Complainant).
Representation of Arm’s Reach Concepts, Inc. in the ITC Section 337 Investigation: Bassinet Products, USITC Inv. No. 337-TA-597 (Complainant).
Representation of Emine Technology in the ITC Section 337 Investigation: Switches and Products Containing Same, USITC Inv. No. 337-TA-589 (Respondent).
Representation of Old Dominion Footwear, Inc. in the ITC Section 337 Investigation: Foam Footwear, USITC Inv. No. 337-TA-567 (Respondent).
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).
Representation of Tilia Inc. in the ITC Section 337 Investigation: Vacuum Packaging Machines, USITC Inv. No. 337-TA-496 (temporary exclusion order proceeding) (Complainant).
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).
Representation of Nikon in the ITC Section 337 Investigation: Microlithographic Machines and Components Thereof, USITC Inv. No. 337-TA-468 (Complainant).
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).
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).
Representation of Nokia in the ITC Section 337 Investigation: Cellular Radiotelephones and Subassemblies and Component Parts Thereof, USITC Inv. No. 337-TA-297 (Respondent).
Representation of Beifa Ningbo in the ITC Section 337 Investigation: Ink Markers and Packaging Thereof, USITC Inv. No. 337-TA-522 (Respondent).
Representation of Microjet Technology in the ITC Section 337 Investigation: Ink Jet Cartridges, USITC Inv. No. 337-TA-446 (Respondent).
Representation of Crews, Inc. in the ITC Section 337 Investigation: Safety Eyewear and Components Thereof, USITC Inv. No. 337-TA-433 (Respondent).
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).
Representation of Support Systems Int’l, Inc. in the ITC Section 337 Investigation: Fluidized Support Apparatus, USITC Inv. No. 337-TA-182 (Complainant).
On behalf of a major consumer products company, developed a HIPAA training module for the company’s health plan.
Represented hair brush company in obtaining preliminary injunction against rival based on trade dress and design patent.
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.
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.
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.
Advised Giorgio Armani S.p.A. on employment and benefits aspects of the acquisition of its retail and wholesale UK business from Club 21.
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.
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.
Represented The Procter & Gamble Corporation in California, New York, Florida, and Minnesota class actions challenging the labelling of a wipes product as flushable.
Advising a global online travel company in relation to the company’s expansion in the Asian markets, including compliance with laws regulating the Internet.
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.
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.
Representation of Bacardi in its defense of a false advertising lawsuit concerning HAVANA CLUB rum in the District Court of Delaware.
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.
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.
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.
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.
Representing SPI Group in a trademark dispute with a designee of the Russian Federation concerning rights to sell Stolichnaya vodka in the United States.
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 ...
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 ...
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
On June 23, 2016, the UK voted in an advisory referendum to leave the European Union. The impact of Brexit in the medium-to-long term will very much depend on the form a post-Brexit UK will take, the relationship that the UK chooses to have with the EU, and the relationship that the EU is willing to accept. That will not become clear for some time as it will ...
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 ...
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
November 23, 2015, CovBrands
On 18 November 2015, the French competition authority announced that it had closed its investigation into Adidas’ online sales terms, after the company changed the terms. The French competition authority carried out this investigation in cooperation with the German Federal Cartel Office (the Bundeskartellamt). Adidas operates a selective distribution system ...
October 27, 2015, CovBrands
Covington recently announced its support for the highly esteemed MA Fashion course at Central Saint Martins (CSM) in London. CSM has an outstanding reputation for educating fashion students. Successful alumni of CSM include Alexander McQueen, Christopher Kane, Simone Rocha and Roksanda Ilincic. MA Fashion is the only course that has a show on the official … ...
October 7, 2015, CovBrands
Today, the Court of Justice of the European Union (the “CJEU”) invalidated the European Commission’s Decision on the EU-U.S. Safe Harbor arrangement (Commission Decision 2000/520 – see here). The Court responded to pre-judicial questions put forward by the Irish High Court in the so-called Schrems case. More specifically, the High Court had enquired, in ...
July 27, 2015, Bloomberg
Quoting Covington's Louise Nash.
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