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Beauty

Navigating the beauty industry’s evolving landscape
The beauty industry moves fast, and so do we. At BDB Pitmans, we specialise in providing dynamic legal solutions that keep pace with industry changes — from supply chain disruptions to new regulatory landscapes and consumer demands for quality and transparency.
Legal Director
Head of BDB Pitmans’ Beauty Team
Director of the British Beauty Council

Why choose us?

Expertise: Our beauty lawyers have years of experience guiding clients through the industry’s constant evolution. We’re not just advisers —we’re insiders, holding positions on industry boards and maintaining a vast network of industry connections.

Tailored Understanding: We dive deep into understanding your business model and its ecosystem to not only support but enhance your influence in this competitive market. We get the bigger picture – beauty is our business and it’s our passion.

Our services

Data Protection

Ensuring compliance and securing your customer's trust

Investments, Exits and M&A

Managing financial transactions, buy-ins, and buy-outs with expert precision

Dispute Resolution

Resolving conflicts efficiently to keep you moving forward

Employment Law

From hiring to firing, navigate employment matters with confidence

Our commitment

We support all business within the beauty industry from emerging brands to established retailers and industry bodies, at any level in the supply chain, production through to retail.

 

We bring clarity to complexity. Whether you’re scaling up or enhancing your existing operations, we’re here to provide the legal backing you need to succeed with passion and integrity.

Our corporate team supports clients right from their inception and set up through to their growth with equity investment (whether that’s angel investment, venture capital or private equity), partnerships, acquisitions and joint ventures, to management with our corporate governance expertise all the way through to exits, whether that’s by way of a management buy-out, share or asset sale (and acquisitions) or an IPO.

With our expertise working with clients based in the UK and overseas and our close relationships with global law firms within our international network, we are able to provide our clients with timely and cost-effective advice.

Areas of expertise

Knowing how to protect your main asset is vital in an increasingly competitive market. Our expert team will assist you in asserting and protecting your rights, particularly in copyright and trade mark transactions and disputes, from the initial notice of a potential claim to a final appeal in the UK and around the world.

We offer advice to companies and individuals at all levels of the beauty and wellness sector on intellectual property as well as licensing, commercial agreements, social media, employment and business structures.

Areas of expertise

We build and maintain close relationships with our clients as we guide them through every stage of their corporate journey. In a constantly evolving landscape of corporate law, we apply up-to-date industry knowledge to support our clients meet their objectives.

Whether drafting terms and conditions, distributor agreements or social media agreements, our specialised commercial team are well-equipped to cut through the noise, and deliver clear and considered results or advice.

Areas of expertise

As your beauty business grows, unfortunately so does the chance for conflict. Whatever conflict you face, we are here to help you resolve your dispute in a way that is right for your particular business and brand. We have experience in dealing with all sorts of disputes in different areas of the supply chain as well as dealing with different clients in the beauty business from individual start-ups to family-owned companies to private equity backed businesses. Whatever challenge your business faces, we are here to work with you, in a cost-effective and flexible way, to overcome those challenges so that you can focus on growing your business.

As well as our extensive litigation experience, we also advise on alternative forms of dispute resolution (ADR), such as arbitration and mediation. In many cases, it can be a more cost-effective approach to your dispute and is particularly advantageous where confidentiality or preserving business relations are key considerations.

We regularly work with or on behalf of our clients’ insurers. We aim to be flexible on our fee arrangements and are willing, in certain cases, to offer a ‘no win, no fee’ arrangement. We can also arrange litigation cost insurance.

Areas of expertise

As with all organisations and industries, the beauty and wellness industry is affected by employment law issues and has a duty to comply with ever changing legal obligations. In practice, anticipating and dealing with employment issues demands an understanding of human beings, which are a business’s most valuable asset. Balancing those legal duties against operating a good working environment helps businesses to achieve their aims, increases staff morale and allows performance to flourish.

At BDB Pitmans, our legal expertise combined with our knowledge of the beauty and wellness sector allow us to provide tailored support to help businesses as well as individuals working within the sector.

Areas of expertise

FAQs

Should I incorporate a company for my business?
There are several types of business structure and there certainly isn’t one that is suitable for all businesses, although most perfume brands will opt for a private company limited by shares.

It's crucial to understand the nuances of various business structures and how they align with your objectives and circumstances. Considering various factors, such as legal and tax implications, liability protection, financials, and operational flexibility, will equip you well enough to assess what is the most suitable structure for you. In addition, you’ll also want to consider where you envision your business in the short and long-term. Whether your aim is to achieve rapid growth, to secure investment, or to maintain autonomy, those will influence which structure would be best.

Many founders opt for a private company limited by shares - it’s a separate legal entity which can own assets, will be responsible for its own liabilities and is able to take on borrowings in its own name. The biggest draw? The liability of the owners (shareholders) is generally limited to the amount, if any, that remains unpaid on their shares – cue reference to ‘limited liability.’ This is in stark contrast to setting up as a sole trader where the owner is personally liable for their debts on an unlimited basis and this is usually the manner in which many businesses start out.
How do I protect my brand?
Protecting your brand is essential for maintaining its integrity, reputation, and value in the market. By implementing robust brand protection strategies, you can safeguard your intellectual property assets and establish a strong foundation for long-term success.

From your brand name and logo to your unique selling proposition and customer experience, each aspect plays a crucial role in shaping your brand identity and its differentiation. One of the most effective ways to protect your brand is through trade mark registration. By securing trade marks for your brand name, logo, and slogan, you gain exclusive legal rights to use these elements in connection with your goods or services. This not only establishes your brand's distinctiveness but also provides legal recourse against infringement.

In today's digital landscape, securing relevant domain names is essential for protecting your online presence. By registering domain names that align with your brand name and keywords, you can prevent others from misappropriating your brand identity or diverting traffic to competing websites. Please do be aware, however, that registering your business’s name as a domain name does not equate to exclusive use of the business name – only a registered trade mark can achieve that. Beyond trade marks, copyright protection is critical for safeguarding creative works associated with your brand. From website content and marketing materials to product designs and packaging, copyright ensures that your original works are protected against unauthorised use or reproduction.
Once your brand protection measures are in place, it's essential to actively monitor and enforce your rights. Regular brand monitoring helps identify potential infringements or misuse of your brand assets, allowing you to take timely action to address them. Whether through cease-and-desist letters, legal proceedings, or alternative dispute resolution methods, enforcing your rights is crucial for maintaining brand integrity.

Protecting your brand requires a proactive approach that encompasses trade mark registration, domain name protection, copyright enforcement, and vigilant monitoring. By implementing these strategies and staying vigilant against potential threats, you can safeguard your brand's reputation and ensure its continued success in the marketplace.
What do I need to consider when bringing others on board?
Bringing others into your business, whether as employees, shareholders, or partners, is a significant decision that requires careful consideration. When expanding your team or involving others in your business, it's essential to address key legal and regulatory aspects to protect your interests and theirs.

Firstly, when hiring employees, it's necessary to have employment contracts in place. These contracts outline the terms and conditions of employment, including roles, responsibilities, compensation, benefits, intellectual property ownership, and termination clauses. Clear and comprehensive contracts help set expectations and minimise potential disputes down the line, ensuring a smooth working relationship between you and your employees.

Secondly, if you're considering bringing in shareholders or partners, a shareholders' agreement is likely to be essential. A shareholders’ agreement governs the relationship between shareholders and outlines important matters such as ownership rights, decision-making processes and exit strategies. A well-drafted and thoroughly considered shareholders’ agreement will help to mitigate conflicts and protect the interests of all parties involved in the business which, in turn, should save you money in the long-term.
Note that any shareholders’ agreement that you put in place will need to dovetail with your company’s articles of association. All companies are required to have articles of association and this document is the company’s ‘rule book.’

Lastly, with the increasing importance of data protection regulations, such as the General Data Protection Regulation (GDPR) in the UK, it's imperative to consider data protection measures when involving others in your business. Ensure that you have appropriate data protection policies and procedures in place to safeguard sensitive information collected from employees, shareholders, customers, and other stakeholders. Compliance with data protection laws not only protects individuals' privacy rights but also enhances your business's reputation and credibility.
What do I need to know if I sell to others?
It’s vital to consider several key aspects to: ensure compliance with UK regulations, protect your interests, and maintain positive relationships with customers and retailers.
The UK retail and services landscape operates under a high standard of consumer protection regulations. Establishing clear and comprehensive terms and conditions that are UK consumer law complaint is essential. These terms should cover critical aspects such as pricing, payment terms, delivery arrangements, returns and refunds policies, and any warranties or guarantees offered. By clearly defining these terms upfront, misunderstandings and disputes can be minimised while providing transparency and confidence to your UK customers and retailers.

Additionally, when selling perfume products to retailers in the UK, formalising retailer agreements is crucial. These agreements should outline the terms of the wholesale relationship, including pricing, minimum order quantities, distribution territories, marketing and promotional support, as well as intellectual property rights. Formalising these agreements ensures consistency in business dealings, protects your brand, and fosters mutually beneficial partnerships with retailers operating within the UK market.

From a compliance perspective, it's vital to ensure that your perfume products meet relevant UK regulatory requirements. Compliance with regulations such as the Cosmetic Products Regulation, which aligns with EU regulations, is necessary. This includes conducting safety assessments, accurately labelling products with ingredient lists and warnings, and ensuring compliance with restrictions on certain ingredients.

Moreover, limiting liability is paramount when selling perfume products in the UK. Including liability limitation clauses in your terms and conditions and retailer agreements can help protect your business from potential legal claims or disputes arising from product defects, allergic reactions, or other issues. However, it's crucial to ensure that these clauses comply with UK consumer law to avoid being deemed unfair or unenforceable.

Get in touch

Get in touch with our team of experts to receive personalised support and answers to your questions.
We’re here to assist you with our deep knowledge and experience, ensuring you get the help you need.

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Reading RG1 2LU

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Southampton SO15 2BE

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