Barton attorneys represent an entire catalogue of high-end fashion houses, beauty brands, art lenders, and designers operating in highly refined and sophisticated markets.
Our domestic and international clients specialize in a diverse set of products, including wedding gowns, swimwear, outerwear, lingerie, couture, luxury handbags and travel accessories, furniture, and cosmetics.
Protecting the intellectual property rights of these clients is of the utmost importance. Barton’s attorneys have a history of successfully litigating infringements related to copyrights, trademarks, trade dress, patents, and counterfeit goods. We also assertively represent clients in connection with claims of false advertising, unfair competition, and unjust enrichment. Beyond IP matters, Barton’s multi-disciplinary team advises on employment agreements, licensing, financing, acquisitions, work visas, breach of contract disputes, and cybersecurity measures.
Our attorneys are also active in the very niche and highly technical space of art dealing and leasing. We have represented art dealers, lenders, and collectors involved in sale leaseback arrangements, art financing, and collateralized loans. Art financing is a growing sector in the art market and has begun to be used by various companies as a means of funding investments in more traditional businesses. With that in mind, Barton provides clients in this space with knowledgeable and sophisticated counsel regarding the many legal matters intrinsic in the world of fine art.
Watch our Global Entrepreneurship Week panel featuring fashion industry executive and brand-building expert Dave McTague, as he discusses his experience with brands such as Cole Haan (Nike), Liz Claiborne, Converse, Victorinox Swiss Army brands, Tommy Hilfiger Menswear, and BCL-ED: Ellen Degeneres.
Served as lead negotiator for the Metropolitan Museum of Art in collective bargaining issues and advised the museum concerning diverse employment matters.
Represented Christies in collective bargaining and counseled Christies in labor relations and employment matters.
Has served as negotiator in collective bargaining for museums and other cultural institutions, manufacturers, art auctioneers, and hospitals.
Counsel in diverse legal matters for a leading, California-based global retailer of diamonds and fine jewelry. Successfully resolved a defamation dispute in New York state court, effectively navigating intricate legal challenges. Secured dismissal of all claims and obtained an award of attorneys’ fees in a separate matter.
Represented a retailer of name-brand women’s outerwear apparel in its strategic acquisition by a major woman’s apparel house, including the structuring of an employment agreement for the principal of our client. We were aided by the considerable expertise within the firm in the U.S. fashion industry.
Represented the lead investor and other investors in a second round of early stage financing for Preen.me, the world’s leading social beauty platform. We negotiated with the company’s noteholders and stockholders to revise Preen.me’s balance sheet to accommodate the investment structure desired by the new investors.
Represented a major European designer and manufacturer of winter sports equipment in the restructuring of the bank debt and equity ownership of its U.S. subsidiary. We worked with the client to locate new debt financing for the business and advised with respect to the transition from one lender to a successor. We also were able to recommend certain management additions which led to improvements in the business. As the business improved, we also advised with respect to certain marketing joint ventures in the United States and Canada.
Represented a leading privately-owned fashion business in the negotiation of multi-year employment agreements for its senior executives. A key aspect of the employment agreements was the design and structure of an equity-based incentive plan that met the specifications of the owner of the business and at the same time incentivized the executives. The entire package was custom-tailored to the needs of the business and its industry.
Represented Rosenthal Sambonet USA Ltd., a U.S. subsidiary of an Italian manufacturer of high-quality, luxury items for the tabletop and kitchen (for both the catering industry and the home). Advised and assisted with filing L-1A petitions and extensions.
Represented MCM Products USA Inc., a subsidiary of the MCM Worldwide leather luxury goods brand, in applying for an E-2 executive manager visa in Korea.
Represented FISCH, a Swedish swimwear designer with a focus on sustainable fabrics (such as Econyl—a fully regenerative nylon fibre made from abandoned fishing nets) in response to the destruction of the coral reefs in the Caribbean. Aided the startup company and its founder in obtaining an E-2 Investor visa as well as with general business planning.
Represented a furniture designer and manufacturer whose facility was destroyed by flooding, in a lawsuit against its landlord for failing to disclose that the leased premises were located in a designated flood zone. Obtained a favorable settlement during trial after presenting the client’s case.
Represented Panache North America Inc., a U.S. subsidiary of a UK lingerie company with products sold in 53 countries, in obtaining a J-1 trainee visa, an L-1 multinational manager visa, and completing an EB13C multinational manager green card application.
Counseled multiple organizations—such as fashion studios, CPA firms, law firms, hospitals and technology and media companies—on cybersecurity attack investigations, breach response, and remediation initiatives.
Represented Jenny Yoo Collection Inc., a bridal dress designer, in the District of Kansas in a matter upholding the viability of trade dress claims relating to fashion designs. (Jenny Yoo Collection, Inc. v. Essence of Australia, Inc. Case No. 17-CV-2666-JAR-GEB)
Represented various Italian fashion companies in trademark and copyright infringement and contract disputes in the United States. Obtained favorable settlement of our client’s trademark infringement claims against a U.S. competitor and negotiated a co-existence agreement regarding ongoing use of the companies’ respective trademarks and trade dress. Successfully defended a high-profile Italian designer fashion company against contract claims by a former U.S. distributor, obtaining stay of the distributor’s lawsuit in favor of arbitration, and then obtaining dismissal of the distributor’s claims in arbitration. Successfully sued on behalf of an Italian lingerie company for payments owed by a U.S. distributor; won summary judgment awarding damages, without a trial.
Represented Dance America, Inc. in litigation in the U.S. District Court alleging that its website was not sufficiently accessible to visually impaired visitors in violation of US federal and state laws.
Represented Sports Endeavors, LLC in a matter in which the plaintiff alleged that the client’s website did not permit access to visually impaired visitors in violation of state and federal laws.
Won judgment for defendant clothing manufacturer in UCC-9 assignment of commercial paper case after removal to federal court and successful motion for summary judgment. Matter settled while on appeal to 9th Circuit.
Successfully resolved claim by fashion designer against clothing manufacturer who wrongfully trademarked and misappropriated the designer’s last name without the designer’s consent.
Successfully resolved trademark and contract dispute between leading boutique retailer and supplier during deposition of supplier’s (opposing parties) owner.
Acted as general counsel for the developer of software to catalog and manage artworks at major museums throughout the world. Helped negotiate software licenses with dozens of major museums including the Metropolitan Museum of Art, The MOMA, the Getty Museum, the Guggenheim Museum, the Tate Museum, and the Smithsonian, and represented the company when it was sold to the owner of several software companies.
Represented an internationally-known designer as the only creditor to successfully challenge a retail debtor’s broadly proposed releases, claim waivers, and plan injunction in advance of the debtor’s confirmation of its plan, which allowed our creditor-designer client to continue to pursue multi-million-dollar IP-related claims against the debtor and other insider third parties.
Represented the creditors’ committee in the Chapter 11 case of a regional furniture retailer and discovered vital information regarding the debtor and its institutional lender that significantly leveraged the unsecured creditors’ position. This resulted in a return to creditors well above that expected at the outset of the case.
Represented contractor in its dispute with luxury cosmetics retailer over amounts owed in connection with multiple change orders incurred in build out of retailer’s flagship storefront in New York City.
Represented Sun Capital Partners in its: Successful proxy contest for the election of a slate of directors to the board of Furniture Brands International; US$750m unsolicited acquisition of Kellwood Company.
