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Advertising Intellectual Property Protection Social Media

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

Potomac Law Group, PLLC

NIL Isn't Just For Athletes — Securing "Name, Image, and Likeness Rights" in Marketing

You need “name, image, and likeness” (NIL) rights to use an individual’s name, voice, image, or AI replica. The Internet and social media have rapidly multiplied the ways companies can promote their businesses and products,...more

American Conference Institute (ACI)

[Virtual Conference] The Legal and Regulatory Think Tank for Working with Influencers - July 16th, 9:00 am - 5:30 pm EST

Influencer marketing isn’t just a trend; it’s the new frontier of digital engagement. But with big opportunities come even bigger responsibilities (and risks). Join us for American Conference Institute and Canadian...more

Sheppard Mullin Richter & Hampton LLP

Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365

The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling...more

ArentFox Schiff

USC Faces the Music: Sony Music Sues USC for Unauthorized Use of Sound Recordings in Social Media

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Sony Music Entertainment and its affiliate record labels have filed a lawsuit against the University of Southern California (USC) for copyright infringement....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

Kohrman Jackson & Krantz LLP

Three Legal Mistakes Influencers Make and How to Avoid Them

In the rapidly evolving world of social media marketing, content creators are an invaluable asset for brands seeking to reach a larger audience. Influencers effectively assist brands in showcasing brand values, gaining...more

Kohrman Jackson & Krantz LLP

Copycats or Common Trends? Legal Battle Between Influencers Over "Clean Girl" Aesthetic

A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” –...more

Seyfarth Shaw LLP

Can You Protect the “Clean Girl” Aesthetic? Influencers Battle over Copyrights and Likeness Rights

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A recent lawsuit between two influencers, Alyssa Sheil and Sydney Nicole Gifford, highlights critical issues of copyrights and likeness rights in the influencer space. Both are known for posting photos that feature a...more

Weintraub Tobin

(Podcast) The Briefing: Is This Just A Copycat Influencer Case or Something More Problematic?

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Can an influencer sue another for having a similar aesthetic? Scott Hervey and Jessica Marlow dive into a Texas case that could reshape creator marketing on this episode of The Briefing....more

Husch Blackwell LLP

Navigating Legal Waters: Ensuring Success in the Functional Beverage Industry

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To succeed in the growing functional beverage industry, understanding key legal issues is crucial. As new functional beverage brands continue to emerge, business owners need to consider a variety of legal issues, including...more

Foley & Lardner LLP

Keeping the Flame Alive: How IP Protects the Legacy of the Olympics

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Historically, the Olympic Games rank high as one of the most effective international marketing platforms in the world, reaching billions of people in more than 200 countries and territories across the globe. The International...more

ArentFox Schiff

Influence At Your Own Risk: Navigating Influencer Contracts

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Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers...more

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

MarkIt to Market® - September 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Foley & Lardner LLP

Regulating Influencer Marketing: A Comparative Analysis of Laws Across the World

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In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they...more

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - September 28th - 29th, Santa...

The American Conference Institute is hosting its first West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products in Santa Monica on September 28-29, 2023! This conference comes just in time to...more

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

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The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Foster Garvey PC

Sports & Entertainment Spotlight: Speedo Drops Russian Olympian Swimmer Evgeny Rylov's Sponsorship for Supporting Vladimir Putin,...

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Welcome back to the "Sports & Entertainment Spotlight." We’re just one week into March Madness, and already my predictions from last week are coming to fruition (if only I had the same luck picking winners of the games...more

Foster Garvey PC

Sports & Entertainment Spotlight: Rihanna's Savage X Fenty Lingerie Brand is Reportedly on the Verge of a $3 Billion IPO, and...

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This past week, I have realized my place is still on the blogosphere and not in the stands. That time will come. But it’s not now. I love my readers, and I love my supportive family. Without them, none of this is possible....more

Buchalter

Social Media Influencers Could Become the Targets of Trademark Infringement Lawsuits

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Petunia Products, Inc. owns the BROW BOOST ® trademark, under which it sells a “Billion Dollar Brows” eyebrow primer and conditioner. Petunia recently asserted trademark infringement claims against a skin care products...more

Akerman LLP - Marks, Works & Secrets

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more

ArentFox Schiff

Safety Dance: Copyright and Advertising Guidance for Viral Dance Trends

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The rise of short-form content, and the platforms that host it, has brought with it a range of marketing and advertising opportunities for brands, artists, and companies alike. On the other hand, it has also led to a variety...more

Womble Bond Dickinson

Pause Before You Post – Copyright Issues in Social Media

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Marketing on social media is nothing new, but with the world in various forms of lockdowns, social media has become one of the main forms of communication to the public.  Therefore, every marketing professional should think...more

American Conference Institute (ACI)

[Virtual Event] Advertising & Marketing Law - January 19th - 21st, 8:15 am - 1:15 pm EST

Be part of this renowned event which shape the law, policy and proceedings of Canadian advertising and marketing law. Attend the Canadian Institute’s 27th Annual Virtual Conference on Advertising & Marketing Law to delve...more

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