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Loeb & Loeb LLP

Illuminating the Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices from Advertising Scrutiny

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The surge in health and wellness devices—including wearables, beauty devices and more—comes a result of consumer interest in preventive health measures. These products offer a range of benefits, from improving skin and...more

IMS Legal Strategies

How to Unleash the Power of Segmentation

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Based on data from its call center, a warranty company thought its market was predominantly female. However, when that company commissioned marketing research, it found that its customer base was actually largely male. While...more

Klein Moynihan Turco LLP

Cannabis Ads Must Comply with State Regulations

Licensed cannabis retailers are popping up all over New York State, making it more convenient for consumers to find a State-sanctioned establishment. But with the proliferation of licensed retailers comes necessary regulatory...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Keeping Up With the Trademarks: The Real IP Rights of Reality Stars

Many reality TV stars leverage their on-screen exposure to build brands of their own. While some focus on launching branded product lines (e.g. Kylie Cosmetics in beauty or Loverboy in alcoholic beverages), others, such as...more

Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

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When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...more

Loeb & Loeb LLP

What Gen AI court rulings mean for content owners and creators

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Recent court decisions in two highly publicized Gen AI cases favored the platforms and may start to reduce the concerns over using Gen AI. But content owners and those working for them should still understand the legal...more

Bennett Jones LLP

Influencers: Navigating IP Ownership, Reputational Harm and the Rise of AI-Driven Avatars

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Influencers have become a cornerstone of modern marketing strategies. A social media influencer is an individual who has established credibility, expertise or a strong personal brand in a specific niche or industry and uses...more

Loeb & Loeb LLP

The Business Case for Disclosure of Brand Partnerships by Influencers

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The National Advertising Division of BBB National Programs recently released a report that influencers, creators and those who work with them may find particularly relevant regarding disclosure of brand sponsorships:...more

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Retail Brand

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Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of...more

Kelley Drye & Warren LLP

Musk Bans Hashtags on X Ads

On June 26, 2025, Elon Musk posted on X: ​“Starting tomorrow, the esthetic nightmare that is hashtags will be banned from ads on X.” Below that post, one user asked Musk’s AI chatbot Grok whether it recommends using hashtags...more

Weintraub Tobin

(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing

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Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara...more

Weintraub Tobin

The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing

Weintraub Tobin on

Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara...more

Loeb & Loeb LLP

In Our "Wellness Retreat" Era. But First, the Paperwork.

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These days, the explosive growth of the wellness industry—fueled by increased consumer interest in healthy lifestyle choices—presents a prime opportunity for brands to showcase their offerings through “wellness retreats” with...more

Weintraub Tobin

(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Vorys, Sater, Seymour and Pease LLP

Surge in Copyright Claims by Music Publishers for Unauthorized Use of Music in Social Media Marketing

Music publishing companies are increasingly sending demand letters seeking payment for unauthorized uses of music that appear on social media platforms as part of brands’ social media marketing efforts. Recently, there has...more

Davidoff Hutcher & Citron LLP

My Fashion (Legal) Odyssey: Part 5 Why Fashion Brands and Companies Succeed and Why They Fail

Having written first about launching a brand, I now turn to growing and sustaining the brand. In my second article, I wrote about my unsuccessful efforts to convince the Sergio Valente jeans company to reach out to the then...more

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Consumer Product Brand

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You put in the hard work to conceive and design your product, choose a trademark, and build your customer following, but taking your product brand to the next level and attracting an equity investment based in large part on...more

Saul Ewing LLP

Faking It Won’t Help You Make It: The Perils of Promoting Counterfeits on Social Media

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The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Transamerica gets brand revamp

Transamerica announced a brand revamp. According to Transamerica, these changes include an update to their logo, which will start to feature the Transamerica Pyramid Center rising from a horizon, along with changes to...more

Seyfarth Shaw LLP

We’re Definitely Watching: Viral Women’s Sports Phrase Gets Trademark Registration

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As my colleague Puya Partow-Navid recently wrote, popular or viral phrases in the sports world are often the subjects of trademark registrations. Women’s sports are no exception. 2024 was a banner year for women’s sports,...more

Weintraub Tobin

(Podcast) The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban

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As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive...more

Weintraub Tobin

The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban

Weintraub Tobin on

As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive...more

Offit Kurman

Branding the Produce Aisle: Appealing to Consumer Tastes

Offit Kurman on

Brands are taking over the produce aisle at the grocery store. They have already conquered the cereal aisle, the soda aisle, the chips aisle, and the cookie aisle (my favorite). While there have always been produce brands...more

Weintraub Tobin

(Podcast) The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)

Weintraub Tobin on

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance,...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)

Weintraub Tobin on

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance,...more

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