Tag archives: advertising

Social media influencers and FTC disclosures

Susan Ross (US)By Susan Ross (US) on Posted in General
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:… Continue reading

Deception sells: The current theme in the age of social media

Kajon Pompey (US)By Kajon Pompey (US) on Posted in Fraud
In this age of social media, companies and brands have faced countless criticisms for their lack of transparency, copyright infringements disguised in the form of “flattery or inspiration” and we can’t forget the many inclusivity flops. Brands, including beauty brands, are now dedicating more of their marketing budgets to paying influencers for their “honest” reviews … Continue reading

Social media and corporate executive responsibility

Susan Ross (US)By Susan Ross (US) on Posted in Litigation
Corporations that sell to consumers and are subject to consumer lawsuits commonly receive deposition demands for top executives. Corporations can frequently defeat these demands by showing that the executives did not participate or have control over the matter at issue. But a recent ruling from a federal trial court in California demonstrated how controlling social … Continue reading

Monkeying around on social media could land you with a defamation suit

Caleb Segrest (US)By Caleb Segrest (US) on Posted in Defamation
As a wise person once said, truth often is stranger than fiction. The US Court of Appeals for the Fourth District of Texas (the “Appellate Court”) recently decided Hosseini v. Hansen, a bizarre case involving the intertwining of a tax preparation business, primate trainers and enthusiasts, and a defamation claim. Despite the unique factual circumstances, … Continue reading

Social media influencer advertising in Canada

Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in General
Influencer marketing is increasing in popularity in Canada and can be an effective way to promote your brand. Influencers are online personalities that use social media to share their expertise and opinion about products or brands with their followers. In order to tap into the influencer’s network, businesses pay or otherwise compensate influencers to share … Continue reading

Trademarks, social media and lessons learned

Susan Ross (US)By Susan Ross (US) on Posted in Trademark
On June 14, 2018, a federal trial court in New York issued a decision relating to a restaurant owner’s claim that the restaurant manager was using the owner’s trademarks on social media in violation of the federal trademark law known as the Lanham Act. The trial court denied the owner’s claim, in a ruling that … Continue reading

Entering a new age of virtual reality

Daniel Daniele (CA)By Daniel Daniele (CA) on Posted in Privacy
Experiencing virtual reality The line between the digital world and the physical world is becoming increasingly blurred as we enter an era of virtual reality (VR).  VR can be defined as a “computer technology that uses virtual reality headsets…to generate realistic images, sounds and other sensations that simulate a user’s physical presence in a virtual … Continue reading

Social Media Evidence and Pay-Per-View TV

Susan Ross (US)By Susan Ross (US) on Posted in Litigation
We have previously written about social media posts and advertisements being used as evidence in a variety of legal cases (most recently, a post relating to emojis).  A federal court in Pennsylvania recently used two social media advertisements—from a source the court could not identify—as evidence to support a finding of “willfulness” and to award … Continue reading

FTC and Social Media Influencer Endorsements

Susan Ross (US)By Susan Ross (US) on Posted in General
On September 7, 2017, the U.S. Federal Trade Commission (FTC) announced that it had entered into a proposed consent agreement with two individuals and their company that allegedly ran an online gaming community website that allowed users to gamble virtual currency.  According to the FTC complaint, the two individuals promoted the gaming site and not … Continue reading

Stay safe on social media – New ACCC guidelines

Georgina Hey (AU)By Georgina Hey (AU) on Posted in General
Businesses shelling out big bucks for prime advertising space are used to paying close attention to content, for the sake of the bottom line as well as out of respect for consumer law. However, it may not feel as natural and cost-effective to apply the same scrutiny to an Instagram caption. Why invest the business resources … Continue reading

FTC, Instagram Posts, and Endorsement Guides

Susan Ross (US)By Susan Ross (US) on Posted in General
On May 4, 2017, the public received access to the U.S. Federal Trade Commission’s (FTC) advisory letters to approximately 45 companies and 45 celebrities/bloggers relating to potential “endorsements” on Instagram.  As a result, we now have some additional guidance on the FTC’s expectations with respect to its Endorsement Guides.… Continue reading

Advertising on the Internet – What Makes a Disclosure “Clear and Conspicuous”?

Mayura Noordyke (US)By Mayura Noordyke (US) on Posted in General
Increasingly, companies are turning to the internet and social media platforms to advertise their products, often by using native advertising or by providing incentives such as payments or free products to social media “influencers” (Instagrammers, Pinners, Bloggers and Vloggers, to name a few) in exchange for an endorsement. As we have previously discussed, the FTC … Continue reading

FDA Proposes New Research on Social Media Promotion of Prescription Drugs

Chandler Stephens (US)By Chandler Stephens (US) on Posted in General
The U.S. Food and Drug Administration (“FDA”) regulates the use of social media to disseminate information about prescription drugs and medical devices. Our blog previously covered the social media guidance released by the FDA in 2014, and a sampling of Warning and Untitled Letters that the FDA has issued to drug manufacturers advertising on Twitter, … Continue reading

Who paid you to post that? Truth and Transparency in International Advertising

Karen Sie (CA)By Karen Sie (CA) on Posted in General
Social media personalities who have tweeted, grammed, Vine’d and snapped their way to stardom have no doubt caught the attention of businesses large and small. Much like how professional athletes and other celebrities are paid to endorse products, businesses and retailers have increasingly turned to recognized social media personalities (often called “influencers”) to recommend their … Continue reading

Germany: Can you be sued for tweeting #Rio2016?

Sven Jacobs (DE)By Sven Jacobs (DE) on Posted in Trademark
The answer depends on who you are: For consumers there is little risk involved. Companies, however, did receive letters by the German Olympic Committee in recent weeks warning them about stealing intellectual property, similar to the letters send by the United States Olympic Committee. In particular Twitter accounts should not reference any Olympic results, share … Continue reading

Don’t congratulate #TeamCanada at #Rio2016: Olympic social media rules in Canada

Karen Sie (CA)By Karen Sie (CA) on Posted in Trademark
With the Rio Olympics well underway, Canadian brands need to be aware of the “do’s and don’ts” of advertising and social media content involving the Olympics and Olympic athletes. The International Olympic Committee (IOC) and the Canadian Olympic Committee (COC) have long been aggressive in enforcing illicit use of the term “Olympics”, the five rings … Continue reading

Social media risks during the Rio Games

Saul Perloff (US)By Saul Perloff (US) on Posted in Trademark
In just four days, the world’s attention will turn to Rio de Janeiro and the Games of the XXXI Olympiad.  At the same time, sports enthusiasts will turn to social media to express their support for the Games, for their countries’ teams and for their favorite athletes. Individuals, news outlets, and official Olympic sponsors are … Continue reading

Recent changes to advertising on social media platforms

Karen Sie (CA)By Karen Sie (CA) on Posted in General
With millions of people walking around with their heads down on their phones, it’s no surprise that mobile advertising on social media platforms has experienced significant growth in the past 12 months. Social media platforms have been continuing to develop ad capabilities to maximize offerings for brands and growth in the social media marketing space … Continue reading

Instant Fame and the FTC Endorsement Guides

Jeff Pettit (US)By Jeff Pettit (US) on Posted in General
Native advertising—or advertising that appears to match the form and function of the platform upon which it appears—and social media endorsements provide considerable opportunities for companies to strengthen their brands and reach consumers in innovative ways. More and more, “influencers” like Instagram “models,” fashion and lifestyle bloggers, “pinners,” and “vloggers” are joining the ranks of … Continue reading

Socially responsible advertising

Sinal Govender (SA)By Sinal Govender (SA) on Posted in General
On April 6, 2016, the UK’s Advertising Standards Authority considered a complaint made against Guccio Gucci SpA regarding a video, which originally appeared on the website at www.thetimes.co.uk.  The advert featured several models dancing in a house, clothed in the apparel of the global fashion brand, and the complaint centred around the physical appearance of … Continue reading
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