Consumer Products

Smith, Gambrell & Russell, LLP provides sophisticated, commercially informed advice to a broad range of consumer products manufacturers on multiple facets of their business. We help consumer products companies with the full lifecycle of legal issues they encounter, from initial negotiation of agreements to resolving disputes with distributors, suppliers and vendors, to responding to inquiries from regulators and other governmental authorities. We identify risks and mitigation opportunities, proactively designing creative solutions. Should the need arise, we tenaciously enforce our clients’ rights and defend their interests in litigation.

We regularly assist on matters involving:

  • Intellectual property and brand protection
  • Purchasing law, supply chain and sales channels
  • Product liability, safety and recalls
  • Antitrust and FTC
  • Corporate finance and governance
  • Mergers & Acquisitions
  • Joint ventures
  • Labor and employment
  • Websites, e-commerce, data privacy and cybersecurity

We advise, counsel and defend consumer products companies on:

  • Advertising plans
  • Branding and licensing
  • Consumer electronics
  • Copyright infringement litigation
  • Data security and breach guidance
  • Design and utility patents infringement
  • Employment
  • Distribution and retail sales agreements
  • False advertising litigation
  • Food safety
  • “Made in the USA” marketing claims
  • Master service agreements
  • Master supply agreements
  • Mergers & acquisitions
  • Minimum advertising price policies
  • Model invoice and purchase orders
  • Packaging
  • Privacy policy drafting
  • Product recalls
  • Promotion/sweepstakes
  • Prosecution and registration of patents, copyrights and trademarks
  • Software licenses
  • Strategic investments, inbound and outbound
  • Supply chain management
  • Termination and breach letters
  • Trademark or trade dress infringement litigation
  • Warranty matters

We are active in the Juvenile Products Manufacturers Association (JPMA), International Consumer Products Health and Safety Organization (ICPHSO), Toy Association, ASTM International, International Trademark Association (INTA), Brand Activation Association (formerly Promotion Marketing Association) and IRI Worldwide. We routinely provide webinars, white papers and other thought leadership to industry members of these consumer products organizations.

Select examples of our attorneys’ past successes include:

  • Defending a major automobile manufacturer in a product liability suit seeking over $20 million in damages, a result that the National Law Journal heralded as one of the top defense verdicts of the year.
  • Resolving allegations of false “Made in the U.S.A.” marketing claims on a toy manufacturer’s product packaging.
  • Representing a leading children’s products manufacturer in a design patent suit against a competitor, resulting in the preservation of the design patent and the competitor’s exit from the market for the protected product.
  • Counseling a consumer products manufacturer on evaluating incident reports, designing product testing protocols with engineering experts and reporting to the U.S. Consumer Products Safety Commission, including a proposed corrective action plan.
  • Counseling a U.K. based beauty company with U.S. labor and employment issues.
  • Achieving victory in arbitration on behalf of a leading children’s products manufacturer defending a claim of fraud in the inducement brought by a former C-suite executive.
  • Serving as intellectual property counsel to a large backpack and suitcase manufacturer, enforcing a worldwide trademark portfolio and transferring IP when the company was sold.
  • Developed national and global privacy policies for ecommerce and mobile application platforms consistent with GDPR and CCPA.
  • Counseling a consumer products manufacturer on responding to a Freedom of Information Act request to the U.S. Consumer Products Safety Commission.
  • Counseling a start-up distilled spirits brand through its first round of investments, including development and protection of all intellectual property.
  • Preparing a minimum advertised price policy for leading children’s product manufacturer including training for the sales team.
  • Serving as national counsel for a fitness-equipment manufacturer in product liability lawsuits filed throughout the United States.
  • Representing a manufacturer of health and beauty products in case related to the false advertising of health claims and misappropriation of trade secrets by the defendant, a competing manufacturer of health products.
  • Counseling multiple consumer products manufacturers in responding to website ADA claims and lawsuits.
  • Representing a manufacturer in multi-year, multi-jurisdictional litigation of false advertising claims against a competitor and defending against patent-infringement claims relating to windshield wiper blades.
  • Defending several copyright infringement actions brought against fashion industry clients.
  • Serving as management-side employment counsel to food packaging and processing company in the Midwest.
  • Serving as management-side employment and corporate counsel to door and hardware manufacturer in the Midwest.
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