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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

Fenwick & West LLP

Blurred Lines, Big Lawsuits: The Cost of Missing Disclosures

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Revolve is facing a $50 million putative class action over allegedly failing to enforce disclosure rules in its influencer campaigns. The suit claims that influencers received payments and free products but failed to clearly...more

Venable LLP

National Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

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The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...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

BakerHostetler

AD-ttorneys@law - August 2022 #2

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FCC Slams American Scammers for 8 Billion Robocalls - With too many calls to document, carriers are ordered to pull the switch on traffic - One Robo to Call Them All - What sort of activity earns a court order, a public...more

BakerHostetler

A Legal Practitioner’s Guide to NFTs, Digital Advertising and Media

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In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more

Ervin Cohen & Jessup LLP

FTC Proposes Updates to Endorsement Guides and Requests Public Comment

On May 19, 2022, the Federal Trade Commission (“FTC”) announced that it was considering changes to tighten its guidelines for advertisers against posting fake positive reviews or manipulating reviews by suppressing bad ones....more

BakerHostetler

Testimonial Guides Update - The Things That Make Us Go Hmm

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As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more

BakerHostetler

Texas’ Latest Lawsuit Against Google Challenges Endorsements Made by Radio Personalities

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Last week, the State of Texas sued Google in state court for allegedly deceptive advertisements by radio personalities (radio DJs) praising the Google smartphone, the Pixel 4. The lawsuit claims that Google violated the...more

Womble Bond Dickinson

You’ve Got Mail (Not the Good Kind): FTC Sends Mass Warning Regarding Deceptive Endorsements

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In brief: The FTC has sent hundreds of advertisers (including high profile retailers, manufacturers, agencies, and other large businesses) across assorted industries a Notice of Penalty Offenses. The Notice warns recipients...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

Faegre Drinker Biddle & Reath LLP

Will New FTC Endorsement Guidelines Make A #Hashtag of Influencer Advertising?

In a world where social media influencers can wield more power over consumers than network media buys, the Federal Trade Commission’s (FTC) Endorsement Guides felt increasingly like a relic from an earlier era. While not...more

Sheppard Mullin Richter & Hampton LLP

After Four Decades, FTC Announces Regulatory Review of The Endorsement Guides: What Does This Portend for Digital Advertisers and...

On February 12, 2020, the Federal Trade Commission (“FTC”) announced that it had voted 5-0 to approve a proposed Federal Register Notice, seeking comment on whether to make changes to its Guides Concerning the Use of...more

Fenwick & West LLP

Influencer Marketing: Top Business and Legal Considerations for 2020

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Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more

ArentFox Schiff

The Power of The Influencer and The FTC

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A key component behind an influencer’s sway on their audience is perceived authenticity — and the FTC has taken notice. Advertising and Intellectual Property Partner Pamela M. Deese recently spoke with the BBB National...more

Holland & Knight LLP

Key Takeaways from FTC's "Disclosures 101 for Social Media Influencers"

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The Federal Trade Commission (FTC) released a new publication titled "Disclosures 101 for Social Media Influencers" on Nov. 5, 2019. The publication, which was accompanied by an informational video, underscores the...more

BCLP

FTC Issues Guidance on Proper Disclosures for Social Media Influencers

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Many retailers and online businesses leverage social media to boost brand awareness and promote product sales. The FTC recently has issued guidance on what social media influencers need to do when endorsing products. ...more

Holland & Knight LLP

Social Media Regulation: Advertising, Marketing and the FTC

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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

Dorsey & Whitney LLP

Influencer Advertising: The SEC, Not Just The FTC, Could Be Watching

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Avid readers or this blog know that the FTC spends as much time on Instagram and other social platforms as your favorite millennial, but who knew that the SEC also spends it’s working hours perusing posts on popular social...more

Dorsey & Whitney LLP

Bot or not? The Rise of CGI Influencers

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In the not too distant past, consumer product brands hired celebrity figures to act as their official ambassadors. These celebrities appeared in traditional media such as TV commercials and celebrity interviews in print...more

Latham & Watkins LLP

Brands and Influencers: Navigating Influencer Agreements from Macro to Micro

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Brands seeking to reach valuable social media audiences must carefully consider the legal requirements and consequences of engaging influencers. Who Are “Influencers”? An influencer is an individual who has the power to...more

Dorsey & Whitney LLP

The Latest Influencer Advertising Tips from the FTC – When, How & Where to Make Effective Disclosures

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As we blogged about earlier this month, the FTC seems to have spent much of its summer checking out influencer advertising and focusing its attention on those who fail to make the necessary disclosures of material connections...more

Dorsey & Whitney LLP

The FTC Throws Shade at Influencer Bruhs Who Failed to Disclose Material Connections

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We blogged last week about the FTC’s triple play against deceptive influencer advertising. In one prong of the initiative, the FTC announced that its staff had sent 21 follow-up warning letters to influencers, asking them to...more

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