influencers

Influencers, Use Your Influence to Save Lives!

April 3, 2020

According to several recent articles and advisories I’ve read quoting infectious disease specialists, including from the U.S. Centers for Disease Control and Prevention (the “CDC”), many Gen Y and Gen Z-ers (I’ll now refer to them in this article the “Gens”) have been ignoring “Stay at Home” orders, social distancing, and other advice of medical…

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A Picture’s Worth A Thousand Words – And Maybe A Lawsuit

November 26, 2019

What do Gigi Hadid, Katy Perry, Nicki Minaj, Ariana Grande, Jennifer Lopez, Khloe Kardashian, and Victoria Beckham have in common? They’re just some of the celebrities, big and small, who’ve been sued for copyright infringement by photographers, often paparazzi, for posting photos on their own social the photographers took of them. Often, this was after…

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When It Comes To Posting Your Photos, Ask Permission, Not Forgiveness

August 8, 2019

There’s a theory to which my girlfriend subscribes: “Ask forgiveness, not permission”. While I generally agree, it doesn’t apply to posting photos of you someone else takes.   Recently, a federal court threw out a lawsuit against influencer and supermodel Gigi Hadid, for posting to Instagram a photo of herself that was taken by a…

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No Ifs, Ands or Bots. Bot Use Disclosure Now Mandatory In California.

July 8, 2019

As anyone who shops online knows, many sellers and service providers offer messaging options that allow visitors to ask questions and interact with the site. Often, the “person” they’re communicating with isn’t real (although it often seems human – “Hi! I’m Tina! Can I help you?”).   It’s a chatbot, a type of bot that…

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Authenticity – Influencers Should Never Have It Take A Vacation

June 20, 2019

I read a surprising article about a couple, the Smiths, who run the Instagram @The_greatescape.blog, which claims about 28,000 followers. The blog details their two year round-the-world trip. The article is about Ms. Smith admitting that she wasn’t honest in her blog about the couple’s experiences during their three months in the Dominican Republic.   She’s…

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Silence Isn’t Golden If You’re an Influencer

June 3, 2019

Most influencers are aware of their obligations to clearly disclose when they have a “material connection“ to a brand they’re endorsing. (For those of you unfamiliar with the Federal Trade Commission (“FTC”) Endorsement Guides’ disclosure requirements, you can check out a short blog or longer article I wrote that talks about them.   But, a…

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How Influencers Can Influence More Revenue and Stay Out of Trouble

May 16, 2019

Social media platforms such as YouTube and Instagram have become the go-to destination for video content consumption by teens and millennials. It far surpasses what they consume on television. These platforms (often referred to simply as “social”), collectively generate billions of views, and hundreds of millions of hours of watch time, every single day. Teens…

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“Dilbert” On Contracts

March 8, 2019

As those of you who know me well, or have caught my article or presentations on it, I’m evangelical about writing and revising contracts in understandable, conversational English. To me, a contract’s primary objective is to be a clear set of instructions. This puts the parties on the same page about its subject matter, and…

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Influencers Need to Be Under the Influence – of the Laws Governing Endorsement Disclosures

February 8, 2019

Being a social media Influencer can be very lucrative. Brands are more willing than ever to pay popular Influencers lots of money to tap into their millions of followers, to promote their products to what has proven to be willing consumers. The Federal Trade Commission (the “FTC”) is paying attention. They’ve consequently ramped up enforcement…

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Your Trademark Can Become Useless If You Can’t Prove Use

November 4, 2018

A U.S. trademark registration must be maintained every five years, and renewed every ten, to keep it active and enforceable.  A component of this is the trademark owner filing an affidavit with the Trademark Office, stating the trademark owner is still using the mark in connection with the goods and services in the registration.  The…

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