Just Sayin’

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

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.

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

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

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

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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