Thriving in the luxury industry requires a deep understanding of the values that define the industry and a commitment to exceptional service. Our team can help you stay ahead of market trends and maintain a competitive edge in this dynamic sector.
Canada offers a lucrative and rapidly expanding market for luxury brands, which presents unique legal challenges and opportunities. Whether you’re entering the Canadian market for the first time, expanding your existing presence, or safeguarding your brand from counterfeiting and infringement, you need a trusted legal partner with nationwide expertise. Our National Retail and Consumer Markets Group can guide you through the complex and evolving legal landscape of the luxury sector in Canada and abroad.
We offer a comprehensive range of legal services tailored to the needs of luxury brand owners, including:
- Market Entry and Expansion Strategies: Navigating the diverse legal regimes across provinces and territories, and the tax, customs, and regulatory implications of your business decisions can be challenging. We provide strategic advice on structuring your business operations, distribution channels, and franchise agreements to optimize your market strategy across all of Canada’s regions.
- Intellectual Property and Counterfeiting Protection: Safeguarding your intellectual property and brand reputation is vital to luxury brands, especially in the digital age and amidst the increasing prevalence of gray marketing and parallel imports. We help you register, monitor, and enforce your trademarks, copyrights, patents, and designs, and take swift action against counterfeiters, infringers, and unauthorized distributors by leveraging our extensive experience in IP litigation, including injunctions, seizures, and damages.
- Advertising and Pricing: Advertising and pricing your products and services in Canada can be challenging and risky, given the intricate laws and regulations governing advertising, marketing, and pricing, including the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act, and the Charter of the French Language in Québec. We provide guidance and help you develop and implement loyalty programs, gift cards, and e-commerce platforms that cater to the needs and expectations of today’s consumers.
- Emerging Technologies: Leveraging emerging technologies, including crypto and NFTs, can be a great opportunity for luxury brands to enhance their brand value, customer engagement, and innovation. However, these technologies also pose legal risks and challenges, such as privacy, data security, and tax issues. We can help you navigate the legal landscape of these technologies and advise you on how to use them both effectively and responsibly.
- E-Commerce Strategies: Developing and implementing effective e-commerce strategies is essential to staying ahead of the evolving market. We assist with website terms and conditions, online sales contracts, data protection policies, and addressing cross-border issues.
- Competition and Antitrust Law: Navigating competition and antitrust laws is crucial for maintaining a fair market position. We provide guidance on merger reviews, cartel investigations, abuse of dominance cases, and distribution agreements.
- Tax Optimization and Planning: Optimizing your tax structures and planning is important for financial efficiency. We advise on transfer pricing, customs duties, GST/HST, and other indirect taxes.
- Dispute Resolution and Litigation: Swift and effective resolution of disputes is key to maintaining business continuity. We represent clients in diverse areas such as: class actions, product liability, contractual disputes, defamation, injunctions, and alternative dispute resolution.
- Crisis Management and Reputational Risk: Managing crisis situations and reputational risks requires proactive strategies. We assist with product recalls, consumer complaints, media relations, and social media management.
Our team has a deep understanding of the luxury sector and its diverse segments, including clothing and apparel, accessories, beauty and cosmetics, jewelry, hotels, automotive, food and beverage. We have a proven commitment to the luxury sector, backed by our extensive expertise and longstanding support of industry associations, such as the Luxury Law Alliance, Luxury Law Summit and related associations such as the Retail Council of Canada, International Council of Shopping Centres, Retail Industry Leaders Association, and World Retail Congress.
Our team is also part of a national and international network of top-tier lawyers, with offices in all major Canadian business centres, and representative offices in the United States and Europe. Our multilingual team is well-equipped to support global brands in Canada, and Canadian brand owners with their international initiatives. Our team's deep familiarity with Quebec civil law, akin to the legal frameworks in France, Italy, and most of Europe, provides us with an understanding of the legal issues that matter most to luxury brand owners across borders and the globe.
Recent Representative Mandates
A leading Italian menswear fashion houseActing as primary Canadian counsel, advising on various corporate, corporate governance, contractual, distribution and retail matters. | A major luxury hotel chainOn day-to-day advice related to human rights and wrongful dismissal litigation, labour arbitrations, and general labour and employment for numerous hotels and resorts. | A premier beauty retailerOn a variety of matters including the preparation of construction contracts for its leasehold improvements, and in dealing with tax and other corporate-commercial issues. |
An American luxury fashion lifestyle brandOn its e-commerce matters, including related to privacy, data protection and e-commerce disclosure, as well as employment matters and advice with respect to supplier rights in an insolvency. | An Italian luxury fashion brandOn corporate-commercial, labour and employment, real property, store in store, construction, French language, privacy and litigation matters, as well as Canadian pricing and distribution policies. | A Swiss luxury goods holding companyOn its retail operations across Canada including on a broad range of commercial matters such as general commercial contracts, compliance and consumer protection, as well as labour and employment matters. |
An American luxury fashion houseOn Canadian pricing and distribution matters. | A global luxury outerwear retailerProviding advice relating to Canadian distribution matters. | A leading retailer of fine jewelryOn general corporate, commercial and compliance matters. |
A global cosmetics and fragrances leaderOn real property, pricing and distribution, and competition law matters, as well as advice with respect to supplier rights in an insolvency. | A leading global supplier of luxury footwearOn the entry of key executive members to allow for the successful opening of a number of stores in Canada, and on commercial agreements with respect to its Canadian business. | A global leader in luxury eyewearOn its Canadian distribution and retail policies, and in defending litigation relating to the retail of eyewear in Canada. |
A luxury men's apparel and accessories retailerOn a variety of matters including labour and employment, tax, intellectual property and corporate. | An Italian luxury fashion houseOn various distribution, warranty, merchandising, and consumer protection matters in Canada. | A leading department store with luxury brandsOn its expansion into Canada and the launch of its Canadian e-commerce site. |
A German beauty products supplierAs Canadian counsel on the acquisition of a prestige luxury beauty brand | A premium bath, body, and home products brandOn corporate-commercial and leasing matters. | A luxury fragrances and home goods brandOn its expansion into Canada. |
