Tag archives: brand

Personal Brands, Social Media, and the Lanham Act

On July 14, 2017, a federal trial court ruled on an interesting issue: could models and actresses, whose popularity on social media was a strong factor in determining their earning capacities, maintain a lawsuit under the Lanham Act against a “swingers club” that used their photos without consent?  In a case where social media played a prominent evidentiary role, the court permitted the models’ claim to proceed, and denied the defendants’ motion to dismiss.  (Lancaster v. The Bottle Club, LLC, Civ. No. 8:19-cv-634-T-33JSS (M.D. Fla. July 14, 2017) (2017 WL 3008434).… Continue Reading

How Animal Influencers Are Changing the Way Brands Advertise

At this point you are probably familiar with the world of social media influencers. You might follow several on Instagram, or maybe your company partners with them to promote its products. But have you realized that the most valuable influencers may not even be human? This post will focus on animal influencers – they are cute, they come in a variety of species, and they are being paid to advertise products via social media.

Why animals?

Aspiring animal influencers can rise from obscurity to fame in an instant – all it takes is one viral post. The demand for … Continue Reading

Germany: Can you be sued for tweeting #Rio2016?

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 or re-tweet anything from the official Olympic account, or use official hashtags including #Rio2016 or #Team.… Continue Reading

Social media risks during the Rio Games

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 generally free to post and tweet about the games and athletes during the roughly month-long blackout period which began last week and ends on August 24.  However, non-sponsor brand owners in the United States could face potential legal action if they are not careful.… Continue Reading

Socially responsible advertising

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 these models.… Continue Reading

Social media stars and IP empires

Social media platforms enable users to profit from their brand and original works such as photos, videos, articles and various “mash ups”. Their brand and content may be protected by trademarks and copyrights and users may generate thousands of postings to build an extensive intellectual property portfolio. A user may develop a popular brand for their curated content across multiple platforms such as web, Instagram, Snapchat, Twitter, YouTube, with their creative posts generating significant goodwill and revenue. Companies pay popular users to reach target audiences instantaneously and effectively with authentic content of pictures, videos, blogs and other derivative works. This … Continue Reading

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