7th Edition: Trends in Marketing Communications Law In a marketing landscape dominated by social and digital platforms, the lines between advertising and content — and reality and virtual reality — are becoming more and more blurred. When influencers (formerly known as “bloggers”) and online Continue Reading
Kendall Jenner Pays $90,000 to Settle Bankruptcy Claim over Fyre Festival Post
The Bottom Line Influencers and celebrity endorsers have a duty to disclose their material connections with the brands they tout on social media. Failure to do so could result in an enforcement action by the Federal Trade Commission (FTC). See another recent example of these issues in Continue Reading
The Warnings Were Real: FTC Fines Teami, and Sends Letters to Influencers about Inadequate Disclosures
The Bottom Line Teami, LLC (Teami) agreed to settle Federal Trade Commission (FTC) charges that the company made false and unsubstantiated health claims regarding its tea and skincare products and hired influencers who failed to adequately disclose that they were being paid to endorse its Continue Reading
FTC Brings Actions Against the Sale of ‘Fake Indicators of Social Media Influence’ and ‘Fake Reviews’
The Bottom Line The FTC’s actions challenging the sale of fake social media indicators and online reviews are intended to deter others from polluting the online marketplace with deceptive and inaccurate information. It is important to reiterate that the FTC brought its actions against two chief Continue Reading
FTC Releases New Resources for Influencers
The Bottom Line The FTC’s brochure and microsite are new resources that will be helpful for both marketers training their influencers as well as to influencers themselves in making disclosures. This clear and practical guidance from the FTC should put all involved parties — including influencers Continue Reading
Copying Photographs Found Online and the Fair Use Defense
The Bottom Line Companies that find photographs, images, or social media posts online and seek to use these works in advertising or another commercial context, without obtaining the copyright owner’s permission, may subject themselves to copyright infringement claims, even if they crop the works Continue Reading
New York and Florida AGs Settle Charges with Seller of Fake Social Media Accounts and Engagements
The Bottom Line Brands, marketers, and their agencies typically have the most to lose due to fraudulent social media traffic, in the form of wasted marketing dollars spent appealing to non-existent users. However, these settlements made clear that such practices also harm consumers and social Continue Reading
Convince & Convert | Nine Best Practices for Influencer Marketing Agreements
Association of National Advertisers Members Only Conference | Data Collection & Use Agreements – Privacy Issues & Other Complexities
On June 28, Gary Kibel, Davis+Gilbert Privacy + Data Security partner, will lead a session titled "Data Collection & Use Agreements - Privacy Issues & Other Complexities" at the Association of National Advertisers Members Only Conference, "The Business of Marketing Law," to be held in Continue Reading
Inline Links to Unlicensed Third-Party Content Now May Be Copyright Infringement
5th Edition: Trends in Marketing Communications Law For years, copyright attorneys throughout the country have relied on a decision from a Federal appellate court in the 9th Circuit (California and surrounding states) to advise clients that they may safely place on their websites unlicensed Continue Reading