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Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...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

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

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

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

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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

Kohrman Jackson & Krantz LLP

Beyond Money: The Rise of Branding as the Ultimate Asset

Attention is the hottest commodity any company can acquire today. How can you capture attention in an increasingly competitive market where individuals have more information and access than ever before? By crafting a...more

Arnall Golden Gregory LLP

Best Practices for Brands in Connection With Celebrity Endorsements, Testimonials, and Influencer Marketing Activities

On November 15, 2024, in Dallas, Texas, a 27-year-old social media influencer fought a 58-year-old boxing legend and approximately 108 million people tuned in to witness the spectacle. While not quite the Super Bowl, the...more

K&L Gates LLP

Unauthorized Seller Reviews—Another Tool to Combat Unauthorized Sellers and Protect Your Brand

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Unauthorized sellers can damage your brand in many ways. One way is in relation to customer reviews of your products. Unauthorized sellers provide poor customer service, use poor or incorrect content and marketing assets, and...more

Weintraub Tobin

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

Weintraub Tobin on

Safeguard your brand in the world of social media marketing, from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from Weintraub Tobin continue the discussion on legal risks brands face in...more

Weintraub Tobin

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

Weintraub Tobin on

Safeguard your brand in the world of social media marketing, from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from Weintraub Tobin continue the discussion on legal risks brands face in...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1

Weintraub Tobin on

Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 Delve into the legal terrain of influencer marketing from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)

Weintraub Tobin on

Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 Delve into the legal terrain of influencer marketing from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

ArentFox Schiff

Influence At Your Own Risk: Navigating Influencer Contracts

ArentFox Schiff on

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

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

Holland & Knight LLP

FTC Set to Update Endorsement Guides on Social Media Advertising

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The Federal Trade Commission (FTC) is poised to issue updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides) following a comment period on the proposed changes. This Holland & Knight...more

Sheppard Mullin Richter & Hampton LLP

FTC Signals Plan to Enforce Civil Penalties for Deceptive Endorsements

The FTC has sent a strong message to industry that it plans to hold companies responsible for using endorsements and customer testimonials that deceive consumers. The recent warning signals the FTC’s focus on fake reviews...more

McDermott Will & Schulte

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - September 29th, 12:00 pm - 1:00 pm...

Alcohol beverage companies must contend with an ever-evolving regulatory landscape, including unpacking the new environment under US President Joe Biden’s executive order on competition. How do you differentiate as a brand...more

McDermott Will & Schulte

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - August 12th, 12:00 pm - 1:00 pm...

As alcohol products compete in an increasingly competitive marketplace, how do you differentiate as a brand while being mindful of regulatory landmines? Join us for the second webinar in our Alcohol Quarterly Update Series on...more

BakerHostetler

NAD Clarifies Material Connection Disclosure Requirements for TikTok Videos Gone Viral

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If you learned a new dance routine, tie-dyed clothing, made whipped coffee or took part in a “challenge” while staying safely at home during the COVID-19 pandemic, you probably have TikTok to thank. TikTok, which has more...more

Sheppard Mullin Richter & Hampton LLP

Native TikTok Tools May Create Liability for Brands and Influencers

Brands and influencers could unknowingly be violating the FTC’s endorsement rules by using TikTok to promote paid posts and sponsored content without including the necessary disclosures. TikTok offers native direct download...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 2 - Spring 2020

Advertising in the Time of Coronavirus - As we release this second issue of Kattison Avenue, our world is gripped by the Coronavirus and the COVID-19 pandemic. In what feels like an instant, work, commerce and our very lives...more

Ballard Spahr LLP

FDA and FTC to Study Impact of Social Media Influencers

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The widespread use of social media platforms make them ideal for companies trying to reach a large audience. Pharmaceutical and consumer products industries frequently maintain their own social media accounts and partner with...more

Seyfarth Shaw LLP

FTC Seeks Public Comment On Enhanced Efforts To Curb Misleading Endorsements

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The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more

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