The world of fashion is fast, competitive, and full of opportunity. In the United States alone, the growing apparel and footwear segment accounts for nearly four million workers and contributes more than $400 billion in annual retail sales[1].
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The world of fashion is fast, competitive, and full of opportunity. In the United States alone, the growing apparel and footwear segment accounts for nearly four million workers and contributes more than $400 billion in annual retail sales[1].
Success in this space requires deft navigation of countless business and legal challenges, from vigilant brand protection and employment issues to structuring strategic corporate transactions and marshalling social media influencers. Drawing on the size and strength of our Retail & Consumer Products group, Perkins Coie advises some of the leading designers, manufacturers, distributors, and suppliers in a variety of business-critical issues.
Trusted Corporate Advisor
Apparel and footwear companies must be able to raise money as they grow, while fending off challenges in an intensely competitive environment. Our corporate attorneys have decades of experience serving as the trusted advisors to leading apparel and footwear brands. In this role, we counsel and represent clients in mergers and acquisitions; corporate financings, including underwritten public securities offerings and private placements; joint ventures and strategic alliances; restructurings and spinoffs; commercial transactions and contracts; periodic reporting and securities law compliance; and corporate governance.
Strategic Brand & IP Protection
In the apparel and footwear world, companies are defined by their brands and other proprietary assets. Protecting trademarks, patents, copyright, and other intellectual property assets is mission critical, as are the IP strategies and programs that can keep competitors at bay in jurisdictions worldwide. Our vaunted intellectual property team develops proactive brand and IP protection strategies and creatively defends these rights, including engaging in court actions where appropriate.
Practicing in all aspects of domestic and international trademark work, we provide counseling, trademark clearance, registration, licensing, and enforcement. We possess deep experience in the area of copyright, domain name disputes, website audits, and other internet-related issues.
Our attorneys successfully prepare and prosecute patent applications in anticipation of licensing opportunities and potential litigation. They also provide domestic and international patent preparation and prosecution, patent portfolio development and management counseling, right-to-use analysis and counseling relating to design-arounds, legal opinions concerning patent invalidity and noninfringement, and due diligence related to corporate transactions. When litigation is unavoidable, our experienced patent litigation attorneys defend clients in infringement actions across a broad range of technologies.
Digital Strategy & Privacy
According to McKinsey & Company, six out of ten people use at least one digital channel in their shopping journey for an apparel garment. While brick-and-mortar stores are still critical in an omnichannel marketing strategy, the spotlight on a digital strategy has been heightened during the recent pandemic. Our attorneys understand the unique legal and practical challenges faced by apparel and footwear companies when interacting with the public through websites, mobile apps, e-mail, SMS, social media, and other digital channels. We also assist our clients with e-commerce, social media, privacy, data security, consumer protection, and electronic payment issues, including:
- Complying with privacy and data security laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as well as managing security breaches
- Drafting and negotiating agreements with software developers, web hosting providers, credit card payment processors, and other service providers
- Counseling on the use of social media and developing related policies
- Developing consumer-facing agreements, such as terms of service and terms of sale, and privacy policies
- Counseling on electronic payment, gift card, loyalty, rebate and points programs, and negotiating agreements with related service providers
- Counseling on tax obligations and jurisdictional issues
Marketing, Influencers, & Social Media Promotion
While the age of the influencer has arrived, fashion bloggers, social media celebrities, and other brand ambassadors bring a unique set of opportunities and challenges. Our attorneys counsel clients on Federal Trade Commission (FTC) endorsement guidelines and setting up influencer and ambassador compliance programs, including training and monitoring programs, disclosure requirements, and influencer and celebrity endorsement agreements, with a goal of bolstering compliance, reducing influencer-related enforcement actions, and minimizing potential PR risks. We also work with apparel and footwear companies to ensure compliance with truth-in-advertising rules, address ownership of IP rights in posted social media content, and to avoid infringement of third-party rights.
Employment
Our Labor & Employment attorneys have extensive experience advising apparel and footwear clients. Their knowledge includes issues ranging from wage-and-hour compliance to avoidance of workplace harassment and discrimination claims, compliance with the Americans with Disabilities Act (ADA), and day-to-day employment counseling. Working closely with clients, they assist with strategic planning and help mitigate the risk of aggressive class action litigation. They are well-versed in the unique challenges posed by the retail environment, including shift scheduling, break requirements, bag checks, timekeeping compliance, off-the-clock work, and management classifications. We also advise apparel and footwear clients on compliance with immigration laws such as the Form I-9 and E-Verify and help with the transfer of personnel to the United States from related entities abroad.
Real Estate & Leasing
While most apparel and footwear companies have embraced digital as a way to connect with consumers, physical brick-and-mortar continues to occupy a key position in the shopping experience. The in-store experience may change, but the real estate and leasing needs do not. Our real estate attorneys have extensive experience representing apparel and footwear companies in acquisitions, dispositions, development, financing and leasing of real estate, including portfolio transactions. Mindful of the competitive industry pressures and sensitive to the long-term relationships that leases create, we focus on timely, efficient and results-oriented counsel while helping clients manage the entire range of ancillary issues that arise in real estate transactions, including tax, corporate, environmental and bankruptcy matters. We find ways to bring deals to completion, not to derail them.
[1] https://www.aafaglobal.org/
Success in this space requires deft navigation of countless business and legal challenges, from vigilant brand protection and employment issues to structuring strategic corporate transactions and marshalling social media influencers. Drawing on the size and strength of our Retail & Consumer Products group, Perkins Coie advises some of the leading designers, manufacturers, distributors, and suppliers in a variety of business-critical issues.
Trusted Corporate Advisor
Apparel and footwear companies must be able to raise money as they grow, while fending off challenges in an intensely competitive environment. Our corporate attorneys have decades of experience serving as the trusted advisors to leading apparel and footwear brands. In this role, we counsel and represent clients in mergers and acquisitions; corporate financings, including underwritten public securities offerings and private placements; joint ventures and strategic alliances; restructurings and spinoffs; commercial transactions and contracts; periodic reporting and securities law compliance; and corporate governance.
Strategic Brand & IP Protection
In the apparel and footwear world, companies are defined by their brands and other proprietary assets. Protecting trademarks, patents, copyright, and other intellectual property assets is mission critical, as are the IP strategies and programs that can keep competitors at bay in jurisdictions worldwide. Our vaunted intellectual property team develops proactive brand and IP protection strategies and creatively defends these rights, including engaging in court actions where appropriate.
Practicing in all aspects of domestic and international trademark work, we provide counseling, trademark clearance, registration, licensing, and enforcement. We possess deep experience in the area of copyright, domain name disputes, website audits, and other internet-related issues.
Our attorneys successfully prepare and prosecute patent applications in anticipation of licensing opportunities and potential litigation. They also provide domestic and international patent preparation and prosecution, patent portfolio development and management counseling, right-to-use analysis and counseling relating to design-arounds, legal opinions concerning patent invalidity and noninfringement, and due diligence related to corporate transactions. When litigation is unavoidable, our experienced patent litigation attorneys defend clients in infringement actions across a broad range of technologies.
Digital Strategy & Privacy
According to McKinsey & Company, six out of ten people use at least one digital channel in their shopping journey for an apparel garment. While brick-and-mortar stores are still critical in an omnichannel marketing strategy, the spotlight on a digital strategy has been heightened during the recent pandemic. Our attorneys understand the unique legal and practical challenges faced by apparel and footwear companies when interacting with the public through websites, mobile apps, e-mail, SMS, social media, and other digital channels. We also assist our clients with e-commerce, social media, privacy, data security, consumer protection, and electronic payment issues, including:
- Complying with privacy and data security laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as well as managing security breaches
- Drafting and negotiating agreements with software developers, web hosting providers, credit card payment processors, and other service providers
- Counseling on the use of social media and developing related policies
- Developing consumer-facing agreements, such as terms of service and terms of sale, and privacy policies
- Counseling on electronic payment, gift card, loyalty, rebate and points programs, and negotiating agreements with related service providers
- Counseling on tax obligations and jurisdictional issues
Marketing, Influencers, & Social Media Promotion
While the age of the influencer has arrived, fashion bloggers, social media celebrities, and other brand ambassadors bring a unique set of opportunities and challenges. Our attorneys counsel clients on Federal Trade Commission (FTC) endorsement guidelines and setting up influencer and ambassador compliance programs, including training and monitoring programs, disclosure requirements, and influencer and celebrity endorsement agreements, with a goal of bolstering compliance, reducing influencer-related enforcement actions, and minimizing potential PR risks. We also work with apparel and footwear companies to ensure compliance with truth-in-advertising rules, address ownership of IP rights in posted social media content, and to avoid infringement of third-party rights.
Employment
Our Labor & Employment attorneys have extensive experience advising apparel and footwear clients. Their knowledge includes issues ranging from wage-and-hour compliance to avoidance of workplace harassment and discrimination claims, compliance with the Americans with Disabilities Act (ADA), and day-to-day employment counseling. Working closely with clients, they assist with strategic planning and help mitigate the risk of aggressive class action litigation. They are well-versed in the unique challenges posed by the retail environment, including shift scheduling, break requirements, bag checks, timekeeping compliance, off-the-clock work, and management classifications. We also advise apparel and footwear clients on compliance with immigration laws such as the Form I-9 and E-Verify and help with the transfer of personnel to the United States from related entities abroad.
Real Estate & Leasing
While most apparel and footwear companies have embraced digital as a way to connect with consumers, physical brick-and-mortar continues to occupy a key position in the shopping experience. The in-store experience may change, but the real estate and leasing needs do not. Our real estate attorneys have extensive experience representing apparel and footwear companies in acquisitions, dispositions, development, financing and leasing of real estate, including portfolio transactions. Mindful of the competitive industry pressures and sensitive to the long-term relationships that leases create, we focus on timely, efficient and results-oriented counsel while helping clients manage the entire range of ancillary issues that arise in real estate transactions, including tax, corporate, environmental and bankruptcy matters. We find ways to bring deals to completion, not to derail them.
[1] https://www.aafaglobal.org/
