Be careful whom you entrust with administrator access to your brand’s social media accounts. If an administrator does use your brand’s social media accounts beyond their permitted use, you should formally revoke their authority to access the accounts to allow potential legal action based on their unauthorized use after the revocation.
Social media – trademarks, accounts, and names
On March 4, 2021, a federal trial court in New York issued a preliminary injunction that halted a bridal gown designer and social media influencer from using her social media accounts without her former employer’s permission. JLM Couture, Inc. v. Gutman, No. 20 CV 10575-LTS-SLC (S.D.N.Y. March 4, 2021) (2021 WL 827749).
Social media and the Computer Fraud and Abuse Act
Given all the recent headlines about data theft as well as a resurgence of interest in the Computer Fraud and Abuse Act (CFAA), a December 18, 2020 ruling from a federal trial court in Colorado may be of interest to our readers. MCS Safety Solutions, LLC v. Trivent Safety Consulting, LLC, No. 19-cv-00938-MEH (D. Colo. Dec. 18, 2020) (2020 WL 7425874).
Social media, photographs, and fair use
We have previously written about the lawsuits that can result from unauthorized uses of photographs, but on November 2, 2020, a federal trial court in New York issued a ruling regarding use of a photo from a social media site that was “fair use” under the copyright laws. (Boesen, v. United Sports Publications, Ltd., 20-CV-1552 (ARR) (SIL) (E.D.N.Y. Nov. 2, 2020).
Social media, photos, privacy, and conversion
There seem to be a lot of questions lately about the use of photographs on social media, so a recent federal court case may be of interest in raising some risks you may not have contemplated. The case involves some photos that professional models had posted to their social media pages, which they alleged had been copied and altered by a nightclub to make it appear that they worked at or endorsed the nightclub. (Moreland v. Beso Lounge & Restaurant LLC, case no. 3:19-cv-00958 (VLB) (D. Conn. Sept. 4, 2020) (2020 WL 5302312).)
Social media gaming celebrity and breach of contracts
On June 17, 2020, the Southern District of New York issued an opinion and order in a complex matter between a social media gaming celebrity and a contract he signed with an esports and entertainment company. (Faze Clan, Inc., v. Tenney, 19-cv-7200 (JSR) (S.D.N.Y. July 17, 2020) (2020 WL 3318209).)
FTC, celebrity influencers, and health claims
As the world struggles to move forward, our thoughts and support are with our readers and we hope for their good health and improving situations.
Today’s post involves an FTC settlement that was announced just as New York was going into “lockdown” mode and so we wanted to make sure it did not escape your attention. In March of 2020, the U.S. Federal Trade Commission (FTC) announced a settlement of its federal court complaint against a company that the FTC alleged made unsubstantiated health claims for its teas and skincare products—and used celebrity social media influencers whose endorsements did not disclose their compensation. (Federal Trade Commission v. Teami, LLC, No 8_20-cv-00518 (M.D. Fla. March 5 & March 17, 2020))
Solar Energy, Trade Secrets, and Unfair Competition
On January 13, 2020, a solar energy sales lead generation company settled a federal lawsuit against several defendants, including a former employee. Both the initial complaint and settlement described the important role of social media to the business. (Solar Connect, LLC v. Endicott, Case No. 2:17-cv-01235 (D. Utah Jan. 13, 2020) (stipulated permanent injunction).
Social media influencers and FTC disclosures
On November 4, 2019, the U.S. Federal Trade Commission (“FTC”) issued guidance for social media influencers to help them comply with FTC requirements relating to endorsements and disclosures. We have previously covered FTC action and guidance (including advisory letters) in this area, but the FTC has refined and updated its advice a bit:
Destruction of Social Media Accounts ≠ Transfer
We have previously written about trademark cases where one party was ordered to turn over social media accounts, websites, links, etc. that included the disputed mark(s). But what happens if the defendant doesn’t turn them over but instead destroys them?