News & Analysis as of

Instagram Influencers

Loeb & Loeb LLP

Woodland v. Hill

Loeb & Loeb LLP on

Ninth Circuit affirms dismissal of copyright infringement claim against musician Lil Nas X, finding that mere availability of plaintiff influencer’s photographs on Instagram does not amount to access to those photographs and...more

Baker Botts L.L.P.

Defending "Sad Beige": When Imitation is Not Flattery

Baker Botts L.L.P. on

In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity...more

Hendershot Cowart P.C.

FTC Targeting Dietitians, Social Media Influencers Over Insufficient Disclosures

Hendershot Cowart P.C. on

The Federal Trade Commission (FTC) has been cracking down on social media influencers and dietitian creators related to endorsements and disclosures. It began last November, when the FTC sent warning letters to a dozen...more

Moritt Hock & Hamroff LLP

Avoid The FTC’s Naughty List This Holiday Season: Recent Warning Letters Serve As Good Reminder On Conducting Influencer Campaigns...

With the holiday shopping season well under way, many companies have ramped up their influencer marketing campaigns. Want to avoid the Federal Trade Commission’s naughty list? Recent warning letters sent by the FTC to two...more

Cozen O'Connor

FTC Doesn’t Sugarcoat Warning Letters to Social Media Influencers, Trade Associations

Cozen O'Connor on

The FTC sent warning letters to two trade associations and twelve online health influencers warning them that they may have violated the FTC Act by failing to adequately disclose payments for social media posts promoting the...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

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Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

Hogan Lovells

Influencer marketing, Germany: labelling as advertising in social media posts

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Social media platforms have gained considerable importance in the field of online marketing in recent years and caused controversial legal questions. The German Federal Court of Justice (BGH) recently dealt with these in a...more

Hogan Lovells

OLG Frankfurt a. M. zum Influencer-Marketing: Werbekennzeichnung in Social-Media-Posts

Hogan Lovells on

Social-Media-Plattformen haben in den vergangenen Jahren auf dem Gebiet des Online-Marketings erheblich an Bedeutung gewonnen und für umstrittene Rechtsfragen gesorgt. Der BGH griff diese zuletzt in einer Reihe von...more

Hogan Lovells

German Federal Court of Justice on Social Media Advertising for Products provided free of Charge

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Influencers who received goods or services free of charge from companies and then link to them on their social media channels, for example, by placing what is known in Germany as a "tap tag," generally have to label such...more

Hogan Lovells

BGH zur Social-Media-Werbung für kostenlos zur Verfügung gestellte Produkte

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Influencer, die von Unternehmen kostenlos Waren bzw. Dienstleistungen erhalten und diese anschließend auf ihrem Social-Media-Kanal verlinken, beispielsweise durch das Setzen eines „Tap Tags“, haben die Beiträge grundsätzlich...more

Weintraub Tobin

Dispute Over Instagram Influencer’s Account Continues

Weintraub Tobin on

The Second Circuit recently reversed an injunction stripping designer and Instagram influencer Hayley Paige Gutman of her Instagram accounts in a dispute with her former business partners. Ms. Gutman is a wedding dress...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 45

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US - Supermarket Chains Agree to Divest Stores Over...more

Hogan Lovells

German Federal Court of Justice decision: Finally more legal certainty regarding influencer marketing

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Due to diverging case law by the courts of instance, there has been considerable legal uncertainty with regard to influencer-marketing in Germany. The obligation of influencers to label certain posts as advertising has not...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #2

Foster Garvey PC on

Happy Thursday and a big congratulations to the Stanford Cardinal and the Baylor Bears on their respective NCAA Women’s and Men’s Basketball Tournament wins (the latter of which helped yours truly place second in our Firm’s...more

Dorsey & Whitney LLP

What’s in a Name? Influencer Trademark Name Disputes Provide Lessons for the New Year on Clarity in Agreements

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Many industries were negatively impacted by the pandemic in 2020, but one industry that continues to grow is the influencer marketing industry. The influencer marketing model typically involves agreements between companies...more

Knobbe Martens

May I Still Call Her Daddy? IP Considerations for When Influencers Outgrow the Brands That Back Them

Knobbe Martens on

When they launched “Call Her Daddy” in 2018, Sofia Franklyn and Alexandra Cooper were relatively unknown. They were two New York City friends candidly dishing about dating and sex without any euphemisms on the internet....more

Hogan Lovells

Higher Regional Court of Karlsruhe: Links hidden as "tap tags" are to be labelled as advertising

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A well-known German influencer has to mark her posts on Instagram as advertising if she uses so-called “tap tags” to link her posts with the Instagram profiles of other brands. This was recently decided by the Higher District...more

Polsinelli

Down for the Count - Floyd Mayweather Backed ICO Founder Pleads Guilty to Securities Fraud

Polsinelli on

Regulators routinely warn the public not to believe everything you read on the internet and that is especially true as it relates to start-up Centra Tech, Inc. (“Centra Tech”).  Founded by Robert Farkas, Sohrab Sharma and...more

Sheppard Mullin Richter & Hampton LLP

FTC Cracks Down On Deceptive Social Media Campaign By Teami LLC

In April 2018, the Federal Trade Commission (“FTC”) wrote to Florida-based Teami LLC (“Teami”), a Florida-based producer of Teami tea and skincare products, reminding it of the requirement set forth in the FTC’s Endorsement...more

Holland & Knight LLP

Social Media Regulation: Advertising, Marketing and the FTC

Holland & Knight LLP on

Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more

Kelley Drye & Warren LLP

When Influencers Fail to Influence

Last year, we posted that Snapchat’s public relations firm had filed a lawsuit against an influencer who allegedly failed to comply with the terms of his agreement....more

Neal, Gerber & Eisenberg LLP

Client Alert: FTC and FDA Team Up to Send Warning Letters About Social Media Influencer Posts

Recently, the Federal Trade Commission (“FTC”) and the U.S. Food & Drug Administration (“FDA”) issued joint warning letters to four sellers of e-liquids, the nicotine “juice” used in vaping regarding their use of social media...more

Robins Kaplan LLP

#Sponsored: Fyre, Floyd, Flat Tummy Tea, and Fraud

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Bombay Hair tools, Daniel Wellington watches, FabFitFun boxes, HelloFresh meal kits, SugarBearHair vitamins, and more. Spend any time on Instagram and chances are you will encounter influencers promoting these products,...more

BakerHostetler

AD-ttorneys@law

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California Consumer Privacy Act Updates - On Wednesday, Feb. 20, the California Assembly Committee on Privacy and Consumer Protection held a hearing on the California Consumer Privacy Act (CCPA)....more

Kelley Drye & Warren LLP

Dumpster Fyre of Advertising Issues

The recent Netflix and Hulu documentaries about the Fyre Festival have thrust the failed event back into the spotlight. That was a few scandals ago, so for those of you who don’t remember it, here’s a short recap....more

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