Outdoor Recreation Brochure

PIONEERING

OPPORTUNITIES IN OUTDOOR RECREATION

scroll down

IMPACTFUL

LEGAL SERVICES THAT IGNITE OPPORTUNITY

Holland & Hart has been a part of the outdoor recreation industry for decades, helping clients address the legal issues that arise when building a successful business in this highly competitive space. Our multidisciplinary practice brings together a wide range of experience from attorneys across the firm to deliver informed, creative, and innovative solutions for navigating the peaks and valleys often faced by burgeoning and established outdoor recreation companies and their brands. Wherever our clients find themselves embarking on their next big adventure, Holland & Hart is experienced and poised to solve the legal challenges they are facing.

Our corporate attorneys have the experience and knowledge to help your business navigate the complex regulatory, commercial, and financial matters that are critical to the success of your business. Our business, corporate, and finance lawyers advise clients on day-to-day business needs as well as on major transactions requiring the experience and resources of a full-service law firm. Our attorneys have extensive experience advising clients on a wide variety of issues affecting companies in the outdoor recreation industry. We advise clients in forming business entities and assist them in defining the rights and relationships of their owners. For companies in later stages of the business life cycle, we help clients develop and implement business strategies, raise debt and equity capital, obtain credit facilities or inventory financing, negotiate joint ventures, plan for and execute on exit strategies, and manage business succession matters. Our deep experience representing clients in the outdoor recreation and consumer products industries permits us to offer practical and efficient legal services.

LEGAL SERVICES THAT IGNITE OPPORTUNITY

click icon to learn more

Corporate

Additional Capabilities

Product Liability

Import/ Customs

Intellectual Property

Real Estate

Mergers and Acquisitions

Commercial Contracts

•

Represented Kokopelli Outdoor, Inc. in connection with a convertible note financing and a series seed preferred equity financing, raising approximately $1.1 million.

representative matters

•

Represented Feedback Sports, a bicycling accessory manufacturing company, with corporate and trademark matters.

•

Represented the owner of Mucha Brothers, Inc. (d/b/a Moots Cycles), a manufacturer of road, cross/gravel and mountain bikes, in the sale of all of the outstanding equity to another private individual.

•

Represented Guerrilla Industries, LLC in connection with a Series A Preferred Equity financing. Guerrilla Industries, LLC manufactures customizable carbon fiber mountain bikes under the Guerrilla Gravity brand in Denver, Colorado.

•

Represented family office in the acquisition of a sporting device manufacturer from an ESOP.

•

Represented Spyder Active Sports, Inc. in the sale of its stock to a subsidiary of Authentic Brands Group LLC.

•

Represented Spyder Active Sports, Inc. in its acquisition of Cloudveil Mountain Works, Inc.

•

Represented major outdoor clothing company in patent and trademark matters.

•

Developed patent portfolio for growing mountain bike company and prepared analysis of potential infringing competitor products.

•

Represent multiple start-up companies in obtaining patent and trademark rights and/or successful licensing deals for bike racks, UTV/ATV accessories, ozone treatment system, knives, game carrying backpacks, motorcycle snow tracks, and other outdoor-related products.

•

Provided patent strategy advice and portfolio development for hunting gear and hunting accessory company related to game calls, hunting blinds, blood tracking devices, game cameras, and decoys.

•

Represented international mountaineering products retailer in patent matters related to backpacks, tents, crampons, snowshoes, and trekking poles, including successfully removing multiple infringing competitor products from the market.

•

Represented archery products company in obtaining domestic and foreign patent protection for bows, bow stabilizers, arrows, and related accessories.

•

Represented outdoor products retailer in worldwide patent portfolio management, IP licensing, and IP enforcement.

•

Developed patent portfolio for manufacturer of ATVs, snowmobiles, UTV’s, and motorcycles.

diversity in outdoor rec

• • • • • • • •

Best Place to Work for LGBTQ Equality, Human Rights Campaign Foundation’s Corporate Equality Index, 2020-2022 In 2022, recognized as one of the 50 Best Law Firms for Women by Seramount for the 11th time, earning a place in the Hall of Fame 2019 Sustained Diversity Champion, Colorado Pledge to Diversity Mansfield Rule Certified Plus for four consecutive years, 2018-2021 Ranked Tenth on Am Law’s 2020 A-List: Female Equity Partner Scorecard In 2022, achieved Gold Standard Certification by the Women in Law Empowerment Forum for twelve consecutive years, 2011-2022 Named to Law360’s list of “Ceiling Smashers” for firms with the highest representation of female equity partners, 2017-2021 Selected as an ExxonMobil “Outside Counsel Diversity Leader” in 2019

about HOLLAND & hART

Joe Holland and Steve Hart were not only highly-trained lawyers; they were avid mountain climbers. In 1947, they came together to build a firm to buck the trend of “establishment-oriented, monopolistic old firms.” Their philosophy was simple: keep going up, and if you get stuck, there is always another route to the top. This is where the spirit of the firm’s pioneering and innovation began. As in mountain climbing, team interdependence has always been the spirit of Holland & Hart. It is part of what makes us different. Today, we deliver integrated legal solutions to regional, national, and international clients of all sizes in a diverse range of industries. We help our clients ascend the “mountains” they face in the most efficient, innovative way possible. With offices in the “mecca” for outdoor rec—Alaska, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, Wyoming, and in Washington, D.C., our value proposition is to deliver efficient, sophisticated legal solutions in the regions we serve and beyond. We strive to provide the breadth and depth of experience to enable you to meet your business objectives.

Our attorneys advise outdoor recreation clients to help them comply with regulatory requirements concerning labeling. They work closely with manufacturing clients with product recalls to protect product customers while maintaining brand integrity and goodwill, ensure best practices, and avoid regulatory fines and liability. We have deep knowledge and experience working with FTC advertising compliance, California Regulatory Compliance, Prop 65, and class action defense. Holland & Hart also has experience in keeping your e-commerce and websites legally compliant. For example, it has defended outdoor companies in state and federal courts in private attorney and consumer class actions against allegations that websites are not ADA compliant and worked with clients and their development teams to remediate ADA violations at the code level. It actively works with outdoor companies on other e-commerce issues including auto-renewals, supply chain transparency and other required disclosures. Our antitrust litigation attorneys have advised clients on product distribution issues (such as territorial or customer restraints, dual distribution, selection or termination of distributors or retailers and tying of one product to another), price fixing or price maintenance, monopolization, price discrimination, employee piracy or theft of trade secrets, and related charges of unfair competition or restraint of trade. We have represented every level of distribution, including manufacturers, processors, wholesalers, retailers, franchisors, franchisees, jobbers and distributors in a broad range of industries.

We assist clients with the full range of product liability issues, including design and development, inspections and testing, stewardship programs, operating and equipment manuals, advertising (including defending claims for false and misleading advertising), labeling and warnings, regulatory compliance, risk management, recalls, crisis management and emergency response, litigation, arbitration (domestic and international), and settlements.

Our attorneys have practical experience in import compliance, enforcement actions, and assisting with various trade compliance matters, including: development of compliance programs, supply chain security initiatives, ruling requests, protest/petitions, valuation matters, country of origin determinations, duty preference programs (e.g., USMCA, Generalized System of Preferences, etc.), and antidumping/countervailing duty compliance.

Our team of over 100 attorneys and specialized IP professionals is devoted to identifying, creating, and protecting the intellectual property assets of companies in the outdoor recreation industry, from iconic names to some of the most innovative startups in the field. Our team members each focus their practice on a specific area of IP law, offering exceptional depth and expertise across prosecution/portfolio management, licensing and commercialization, and enforcement/litigation. We offer the full spectrum of intellectual property legal services including: • Trademarks: trademark search and clearance, prosecution, and enforcement, domain name enforcement, online marketplace monitoring, anti-counterfeiting, and advertising and marketing counsel • Patents: patent preparation and prosecution, strategic patent portfolio development, and opinion work • IP Litigation: enforcing patent, trademark, copyright, trade dress, trade secret, and domain name rights • IP & Commercial Transactions: contract review, M&A due diligence, IP licensing, privacy, and cybersecurity

Our real estate group connects buyers, sellers, developers, builders, lenders, investors, landlords, and tenants with legal support to finance, acquire, divest, manage, develop, and lease real property assets nationwide. Our experience includes: • Acquisition, Development, and Financing of Industrial and Manufacturing Facilities • Leasing of Office and Retail Locations • Zoning and Entitlements • Government Negotiations

We provide cost-effective and insightful advice in connection with a wide range of commercial contracts related to our clients’ internal and external business matters, including employment, independent contractor, and consulting agreements; product distribution, procurement, manufacturing, and sales agreements; confidentiality and non-disclosure agreements; license agreements; and service agreements.

Our M&A attorneys help clients navigate and negotiate the complex agreements and decisions that accompany any deal. Our team has the experience and depth of knowledge necessary to help our clients efficiently and effectively close M&A transactions, regardless of complexity, size, or timeline. Our M&A lawyers work collaboratively as part of an integrated team of attorneys from multiple disciplines to anticipate and address the demands of high-intensity transactions. Our experience covers: • Strategic Acquisitions and Dispositions • Private Equity Transactions • Auction Processes • Roll-up Transactions • Leveraged Buyouts • Financing and Restructuring • ESOP Transactions

stephen hart climbing “the knife's edge,” capitol peak, colorado

•

Represented major outdoor clothing company in patent and trademark matters.

•

Developed patent portfolio for growing mountain bike company and prepared analysis of potential infringing competitor products.

•

Provided patent strategy advice and portfolio development for hunting gear and hunting accessory company related to game calls, hunting blinds, blood tracking devices, game cameras, and decoys.

•

Represented archery products company in obtaining domestic and foreign patent protection for bows, bow stabilizers, arrows, and related accessories.

•

Developed patent portfolio for manufacturer of ATVs, snowmobiles, UTV’s, and motorcycles.

•

Represented outdoor products retailer in worldwide patent portfolio management, IP licensing, and IP enforcement.

•

Represented Feedback Sports, a bicycling accessory manufacturing company, with corporate and trademark matters.

•

Represented family office in the acquisition of a sporting device manufacturer from an ESOP.

•

Represented Spyder Active Sports, Inc. in the sale of its stock to a subsidiary of Authentic Brands Group LLC.

•

Represented Spyder Active Sports, Inc. in its acquisition of Cloudveil Mountain Works, Inc.

•

Represented Kokopelli Outdoor, Inc. in connection with a convertible note financing and a series seed preferred equity financing, raising approximately $1.1 million.

about

DIVERSITY

LEADERS

representative matters

legal services

OVERVIEW

OUTDOOR RECREATION

hollandhart.com

Twitter: @HollandHart

•

Represented major outdoor clothing company in patent and trademark matters.

•

Developed patent portfolio for growing mountain bike company and prepared analysis of potential infringing competitor products.

•

Provided patent strategy advice and portfolio development for hunting gear and hunting accessory company related to game calls, hunting blinds, blood tracking devices, game cameras, and decoys.

•

Represented archery products company in obtaining domestic and foreign patent protection for bows, bow stabilizers, arrows, and related accessories.

•

Developed patent portfolio for manufacturer of ATVs, snowmobiles, UTV’s, and motorcycles.

•

Represented outdoor products retailer in worldwide patent portfolio management, IP licensing, and IP enforcement.

•

Represented Feedback Sports, a bicycling accessory manufacturing company, with corporate and trademark matters.

•

Represented family office in the acquisition of a sporting device manufacturer from an ESOP.

•

Represented Spyder Active Sports, Inc. in the sale of its stock to a subsidiary of Authentic Brands Group LLC.

•

Represented Spyder Active Sports, Inc. in its acquisition of Cloudveil Mountain Works, Inc.

•

Represented Kokopelli Outdoor, Inc. in connection with a convertible note financing and a series seed preferred equity financing, raising approximately $1.1 million.

•

Represented major outdoor clothing company in patent and trademark matters.

•

Developed patent portfolio for growing mountain bike company and prepared analysis of potential infringing competitor products.

•

Provided patent strategy advice and portfolio development for hunting gear and hunting accessory company related to game calls, hunting blinds, blood tracking devices, game cameras, and decoys.

•

Represented archery products company in obtaining domestic and foreign patent protection for bows, bow stabilizers, arrows, and related accessories.

•

Developed patent portfolio for manufacturer of ATVs, snowmobiles, UTV’s, and motorcycles.

•

Represented outdoor products retailer in worldwide patent portfolio management, IP licensing, and IP enforcement.

•

Represented Feedback Sports, a bicycling accessory manufacturing company, with corporate and trademark matters.

•

Represented family office in the acquisition of a sporting device manufacturer from an ESOP.

•

Represented Spyder Active Sports, Inc. in the sale of its stock to a subsidiary of Authentic Brands Group LLC.

•

Represented Spyder Active Sports, Inc. in its acquisition of Cloudveil Mountain Works, Inc.

•

Represented Kokopelli Outdoor, Inc. in connection with a convertible note financing and a series seed preferred equity financing, raising approximately $1.1 million.

•

Represented major outdoor clothing company in patent and trademark matters.

•

Developed patent portfolio for growing mountain bike company and prepared analysis of potential infringing competitor products.

•

Provided patent strategy advice and portfolio development for hunting gear and hunting accessory company related to game calls, hunting blinds, blood tracking devices, game cameras, and decoys.

•

Represented archery products company in obtaining domestic and foreign patent protection for bows, bow stabilizers, arrows, and related accessories.

•

Developed patent portfolio for manufacturer of ATVs, snowmobiles, UTV’s, and motorcycles.

•

Represented outdoor products retailer in worldwide patent portfolio management, IP licensing, and IP enforcement.

•

Represented Feedback Sports, a bicycling accessory manufacturing company, with corporate and trademark matters.

•

Represented family office in the acquisition of a sporting device manufacturer from an ESOP.

•

Represented Spyder Active Sports, Inc. in the sale of its stock to a subsidiary of Authentic Brands Group LLC.

•

Represented Spyder Active Sports, Inc. in its acquisition of Cloudveil Mountain Works, Inc.

•

Represented Kokopelli Outdoor, Inc. in connection with a convertible note financing and a series seed preferred equity financing, raising approximately $1.1 million.

representative matters

CORPORATE

•

intellectual property

International Services

Our international services group is comprised of lawyers and specialists who provide a full range of international legal services to clients operating overseas or looking to expand abroad. We have well-established relationships with local attorneys around the world and regularly advise on strategies for entering foreign markets, global supply chain and e-commerce, overseas manufacturing, outsourcing and offshoring, licensing, data privacy, tax planning and foreign tax compliance, inter-company agreements and transfer pricing, global protection of intellectual property, and compliance with US regulations on overseas activities including Export Administration Regulations (EAR), US sanctions regulations administered by the Office of Foreign Assets Control (OFAC), and the Foreign Corrupt Practices Act (FCPA). Collectively, our international legal services team has worked in more than 150 jurisdictions worldwide on six continents and speaks over 21 languages including Spanish, French, Cantonese, Mandarin, Japanese, Portuguese, Russian, German, and Armenian, among others. We understand your international business and legal needs, provide sound, cost-effective international guidance to our clients, and are dedicated to helping you successfully navigate the challenges and issues associated with doing business abroad.

View our full outdoor rec team roster

Craig beaker

partner

Craig Beaker

partner

T. 303.295.8580 Send Email

Craig delivers pragmatic counsel to local and international brand owners on the strategic use and protection of intellectual property assets. Craig counsels start-ups and established brands in the outdoor recreation, entertainment, consumer products, and technology industries on a range of brand selection, clearance, protection, and enforcement issues. Focusing on clients’ holistic business priorities, Craig develops and implements global trademark procurement strategies. He also represents clients before the Trademark Trial and Appeal Board in trademark opposition and cancellation proceedings.

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.

DISCLAIMER

Decline

Mike dill

partner

mike dill

partner

T. 303.295.8097 Send Email

Mike provides comprehensive legal services to all types of clients, including emerging growth companies, publicly-traded companies, private companies, private equity firms, venture capital firms, and others, at every stage of the corporate life cycle. Mike excels at helping clients raise capital, complete acquisitions and divestitures, and close strategic transactions. His practice includes serving as outside general counsel to clients across multiple industries, with a focus in providing services to consumer product, energy, outdoor recreation, services, and technology clients. Mike’s approach to the practice of law is to always put the client first.

DISCLAIMER

Decline

outdoor rec industry leaders

OPPORTUNITIES in

www.hollandhart.com

Corporate

Commercial Contracts

Mergers and acquisitions

REAL ESTATE

intellectual property

Imports/customs

PRODUCT LIABILITY

International services

Additional Capabilities

Regulatory

ADA Website Compliance

Map policy/antitrust

Corporate

Additional Capabilities

Product Liability

International Services

Import/ Customs

Intellectual Property

Real Estate

Mergers and Acquisitions

Commercial Contracts