News & Analysis as of

TikTok Advertising

Kelley Drye & Warren LLP

NAD Decision Leaves Unanswered Questions about Content Creator Disclosures

P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a...more

Roetzel & Andress

Think Before You Post: Notable Case Demonstrates Dangers of Using Unlicensed Music in Social Media Marketing

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Warner Music Group initiated a copyright infringement lawsuit against DSW Designer Shoe Warehouse and its parent company, Designer Brands Inc. Warner Music Group accuses DSW of using over 200 recordings and compositions owned...more

Kelley Drye & Warren LLP

NAD Finds Advertiser Responsible for Influencer Post it Didn’t Request

A beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its...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

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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

Kelley Drye & Warren LLP

NAD Decision Addresses Content Creators on TikTok

TikTok offers an affiliate program through which influencers and other content creators can earn commissions by promoting products from various brands through affiliate links in their videos. Marketing experts often caution...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin - December 2024

BBB National Programs’ National Advertising Division (NAD) has found claims by skincare company Drunk Elephant, LLC that its products are “safe for kids and tweens to use” to be supported but recommended the company modify...more

Arnall Golden Gregory LLP

TikTok on the Clock: What Brands Should Consider Pending a Potential TikTok Ban

Background - A potential ban of the popular social media app, TikTok, has been in the news for years, but recent events suggest that it may become reality for Americans in the coming weeks. On December 6, 2024, the U.S. Court...more

Verrill

What Do I Do With a TikTok Sweepstakes or Contest If Time May Be Running Out On This Platform?

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This week, 14 Attorneys General have sued TikTok challenging its practices. If you are a sponsor who currently has a sweepstakes or contest running on TikTok, or if you’re considering one, you may be asking yourself what can...more

Good2bSocial

How Lawyers and Law Firms Can Leverage LinkedIn’s In-Feed Video Carousels

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LinkedIn is stepping up its game by introducing in-feed video carousels, a new feature that enhances how users interact with video content on the platform. If you’ve been active on LinkedIn recently, you might have already...more

Nutter McClennen & Fish LLP

Beverage Breakdown (June 2024)

Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more. We look forward to sharing our...more

BakerHostetler

Matching Your Demo to Your Real-Life Testing Proves to Be a Rough Workout at NAD

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Like lots of folks, I went through my obsession with Peloton during the pandemic. And I fell hard for Cody Rigby, whom I never could hate even when I wanted to because I was biking to Britney Spears and laughing while doing...more

Morrison & Foerster LLP - Social Media

Owned: Second Circuit Holds That Traditional Principles Of Property Law Apply To Social Media Accounts

Here at Socially Aware, we have been discussing issues around ownership of social media accounts since the beginning of social media. Just last July, we reported on how a bankruptcy court in Florida forced the founder and...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

Buckingham, Doolittle & Burroughs, LLC

How to Verify Business Social Media

In today’s digital age, social media has become an integral part of business marketing, customer service, and reputation management strategies. Establishing an authentic online presence is crucial, and one way to enhance...more

Kelley Drye & Warren LLP

Influencer’s Long Lashes Could Raise Ad Law Issues

Mikayla Nogueira is a 24-year-old beauty influencer with over 14 million followers on TikTok. At last count, that’s more than the number of followers we have at Ad Law Access, so she must be doing something right. (Or perhaps...more

BakerHostetler

AD-ttorneys@law - January 2023

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FTC Opens Green Guide Revision for Public Comment - It’s the first revision in a new, environmentally panicked time - The Greatest Generation - The ’90s were an active decade for Federal Trade Commission (FTC)...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 9

Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

Hinch Newman LLP

Copyright Attorney Discusses Advertiser Vicarious Liability for Social Media Influencer Infringement

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UMG Recordings, Inc. v. Vital Pharmaceuticals, Inc., 2022 WL 2670339 (S.D. Fla. July 11, 2022) involves a copyright infringement action brought by a group of music publishers and record companies against an energy drink and...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

ArentFox Schiff

Advertising on Social Media: Key Considerations for Alcohol Brands

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With so much uncertainty, many brands are opting for a wait-and-see approach to social media advertising, though the approaches differ considerably from platform to platform. As most Americans were stuck at home during...more

Fox Rothschild LLP

So, Where Did You Get That Lawyer?

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This afternoon brought me an email from a fellow from West Virginia. The caption indicated it might involve a new divorce matter. I opened it to read: “I found your name online and I wanted to send you a quick email before...more

Kelley Drye & Warren LLP

NAD Addresses Disclosures on Influencer TikTok Videos

In its Disclosures 101 for Social Media Influencers guide, the FTC recommended that when an influencer promotes a brand in a video, the influencer should disclose any connection it has to the brand in the video itself. In...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

Robins Kaplan LLP

Financial Daily Dose 8.17.2020 | Top Story: White House Sets 90-day Deadline for TikTok Owner to Divest in U.S.

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The White House has “doubled down” on its recent actions against TikTok by “formally giving ByteDance, the Chinese owner of the popular video-sharing app, 90 days to divest from its American assets and any data that TikTok...more

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