A sampling of the innovative deals and matters we have handled on behalf of our clients
Experience
Foley Hoag represents some of the world’s most famous and disruptive brands, across their legal needs.
CORPORATE, FINANCING, M&A
Bespoke Post, a multi-category e-commerce retailer, in its $40 million Series B funding round led by NewSpring
MiniLuxe, Inc. in its acquisition of substantially all of the assets of Paintbox, LLC, a leading brand in the nail care industry, based in New York
Living Proof, Inc., a manufacturer and developer of hair care products, in its sale to multinational consumer goods company Unilever (NYSE: UN).
Staples, Inc. (NYSE: SPLS) in the sale of its Staples Print Solutions business to Taylor Communications, Inc.
Private equity firm Mill Road Capital in the following transactions:
Contested going private acquisition of Skullcandy Inc., a creator of world-class audio experiences through its Skullcandy and Astro Gaming brands
$215 million going-private acquisition of R.G. Barry Corporation, a leading developer and marketer of footwear, handbags and foot care
$10 million acquisition of food products supplier Galaxy Nutritional Foods
LovePop, a 3D paper pop up greeting cards company, in its $6 million Series A financing led by Ryan Moore of venture capital firm Accomplice, with participation from Shark Tank’s Kevin O’Leary, Niraj Shah of Wayfair, Bob White of Bain Capital, and Wayne Chang of Crashlytics and Twitter.
Costa Inc. (formerly known as A.T. Cross Company), a NASDAQ-listed designer, manufacturer, and marketer of polarized sunglasses, in its $270 million sale to Essilor International SA, a France-based publicly traded designer, manufacturer, and seller of ophthalmic lenses and ophthalmic optical instruments.
Retailer Alvin Valley Holdings, Inc. in its approximately $2.6 million Series Seed-1 round of financing specialize products for aesthetic dermatology.
A.T. Cross Company, a publicly traded designer and marketer of branded personal and business accessories, in the sale of its Cross Accessory Division to a newly formed affiliate of Clarion Capital Partners, LLC.
Katapult, a lease-to-own retailer, in its $2.5 million Series B and $5 million Series C financings.
With Clarity, an online, direct to consumer home try-on engagement ring company, in its ~$5 million Series A financing led by Walden Venture Capital and its ultimate sale to India diamond company, Renaissance FMI
Mulberry Technology Inc., a plug-and-play solution that enables retailers to offer low-cost product insurance, in $2.75 million Series Seed financing led by Quiet Capital
Bespoke Post, a subscription-based wine club aimed at millennial men, in a $6 million Series A financing with investors Walden Venture Capital, Scout Ventures, and Kiwi Venture Partners
TRADEMARK, COPYRIGHT AND UNFAIR COMPETITION
Manage domestic and international trademark portfolios and handle trademark prosecution, global enforcement and policing for several well-known fashion, jewelry, personal care, and accessories brands.
Obtain trademark protection and registration for New York flagship retail store façade of high-end Italian designer and retailer of luxury jewelry, watches, and leather goods.
Represent luxury fashion, jewelry, and personal care companies in obtaining trade dress and copyright protection for fashion and jewelry product designs, design elements, and product packaging for fragrances.
Represent footwear designer in connection with Internet and e-commerce issues including online brand protection, removing false and misleading advertising content from the Internet, and providing advice on controlling online coupon code distribution and preventing coupon code abuse.
Develop trademark prosecution strategy for high-end handbag designer and retailer to obtain trade dress protection for new handbag design elements without proof secondary meaning.
Represent French dermo-cosmetics company in trademark infringement lawsuit and brand protection strategies to prevent unauthorized online and e-commerce marketplace sales. Represent footwear retailer in connection with filing take down complaints against third-party sellers on e-commerce marketplaces engaged in trademark and copyright infringement.
Represent eyewear company in connection with global trademark prosecution and developing strategies for trade dress protection for eyewear designs.
Represent fashion, jewelry, and cosmetic brands in trademark opposition, cancellation, and appear proceedings before the Trademark Trial and Appeal Board.
Represent high-end CBD-based cosmetics company in connection with federal and state trademark filings.
Represent online retailer of personal scented and skincare products in connection with trademark prosecution and trademark infringement take down complaints on social media platforms
Counseled well-known designer of men’s clothing, footwear and accessories in connection with the adoption and registration of a new logo and expanding protection of the new logo globally, to more than 100 countries worldwide.
Represented well-known handbag designer and its exclusive U.S. licensee in counterfeiting, trade dress and copyright infringement actions in federal courts across the nation against sellers of infringing and counterfeit handbags.
Counseled fashion magazine publisher in connection with trademark licensing efforts in the field of women’s clothing, perfumes, jewelry, cosmetics, and household products for its famous fashion brand.
Represented well-known American handbag, luggage, and travel accessories brand and retailer in connection with negotiating and drafting trademark license, cobranding, distribution agreements, and franchise agreements.
Counseled luxury handbag and trunk designer in connection with copyright, trademark and trade dress enforcement matters relating to its famous chevron print design.
Assisted well-known American handbag, luggage, and travel accessories brand and retailer in connection with training U.S. Customs to prevent the importation of counterfeit and infringing products into the United States.
Represented high-end Spanish jewelry and watchmaker in trademark infringement claim arising from Swiss defendant’s use of an infringing mark on watches.
MARKETING / ADVERTISING
Represent an iconic department store in advertising claim substantiation, contest and sweepstakes compliance, and other marketing and promotional matters, and handling related investigations and disputes.
Represented a Greek yogurt company in false advertising claim brought against the company by competitor and in negotiation with the California Attorney General’s Office regarding “slack fill” complaints.
Represented a natural foods maker, in its sale to General Mills, Inc.
Represented a pet food manufacturer in false advertising litigation brought against one of the largest food companies in the word.
Represented a leading jewelry retailer in a Lanham Act suit challenging a competitor’s claims for the performance of its diamonds.
Defended a beverage company in a Lanham Act false advertising case that went to trial in the Central District Court of California and counter-alleged false advertising by the plaintiff. Client was completely exonerated after a nine-day jury trial, eliminating the need to litigate the counterclaims.
PRIVACY & DATA SECURITY
Represented auction house Christie’s Inc. in a cybersquatting UDRP proceeding against registrant of the domain name christinesauction.com.
Represented national companies and institutions in an array of technology-based patent disputes involving such products as computer software, web-based services, business methods, aerodynamics in small appliances, extruded plastics, athletic shoes, and car safety devices.
GLOBAL BUSINESS & HUMAN RIGHTS
A Foley Hoag attorney and member of the Global Business Human Rights practice helped develop the International Code of Conduct for Private Security Providers (“ICoC”), working on a pro bono basis for the NGO Human Rights First. He now is the Executive Director of the International Code of Conduct Association, which oversees implementation of the ICoC.
LITIGATION
Represent a famous apparel company in class action alleging deceptive pricing in its outlet stores.
Represent a multinational small kitchen appliance manufacturer in a class action alleging that its online retail web site does not comply with accessibility requirements of the Americans with Disabilities Act.
Represented national retail chain in charge of disability discrimination and retaliation, resulting in lack of probable cause finding by state agency and dismissal of federal lawsuit.
Represented TJX in various government investigations and litigation.
Represented national retail chain in union negotiations, organizing campaigns and related litigation in locations across the country.
Represented a retail employer in two arbitration cases arising out of a neutrality/card check organizing agreement, in one case invalidating a determinative authorization card and in the second case proving that the union misled employees and otherwise breached the agreement when trying to recruit employees.
Represented Reebok regarding misrepresentation and unfair or deceptive practices action to recover costs, lost overhead and profits due to supplier’s allegedly defective design and manufacture of footwear product.
Resolved a 42-state Attorney General investigation of a national retailer that alleged unfair and deceptive acts or practices for failing to prevent the digital theft of hundreds of thousands of credit cards.
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