Art, Fashion, Beauty, and Design

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.

Work in this Area

Art, Fashion, Beauty, and Design

Representative Matters
  • Successfully Restrained Sale of Millions of Dollars of Art by Lender
    • Represented an art dealer and collector in successfully restraining the sale of art worth millions of dollars by a lender. The restraint was affirmed by the First Department where the court found that a sale leaseback arrangement was, more probable than not, a loan.  [Shagalov v. Edelman, 2018 NY Slip Op 03240 (1st Dep’t 2018)]
  • Successfully Represented Art Lender in Suits to Collect on Art Loans
    • Represented an art lender in a number of suits to collect on art loans and successfully obtained several judgments in excess of a million dollars plus attorney’s fees.
  • Represented Investors in High-End Beauty and Luxury Companies
    • Has represented multiple sophisticated investors in the beauty and luxury goods space with regard to their strategic investments in a wide array of companies, ranging from start-ups to well-formed enterprises.
  • Advised on Strategic Acquisition Between Fashion Retailers
    • Represented a retailer of name-brand women’s outerwear apparel in its strategic acquisition by a major women’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.
  • Secured Licensing Agreements for French Couture House
    • Secured licensing agreements for a leading French couture house for the domestic licensing of its globally-known trademarks for women’s, men’s, and children’s ready-to-wear clothing and fashion accessories.
  • Represented Investors in Financing of Social Beauty Platform
    • Represented the lead investor and other investors in a second round of early stage financing for, the world’s leading social beauty platform. We negotiated with the company’s noteholders and stockholders to revise’s balance sheet to accommodate the investment structure desired by the new investors.
  • Negotiated Employment Agreements for Senior Execs in Fashion Business
    • 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.
  • Obtained E-2 Investor Visa for Swedish Swimwear Designer
    • 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.
  • Obtained Manager Visas and Green Cards for Lingerie Company
    • 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.
  • Secured Manager Visa for Global Leather Goods Brand
    • 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.
  • Successfully Represented International Designer Against Retail Debtor
    • 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.
  • Advisor to Creditors’ Committee During Furniture Retailer’s Chapter 11 Case
    • 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 Modeling Studio in Landlord Tenant Action
    • Represented a major modeling studio in landlord tenant action against Chelsea Piers and in various breach of contract disputes.