In the article “Influencer Marketing and Trademark Enforcement: Navigating a New Frontier,” published in New York Law Journal, lawyers Lynda Zadra-Symes, Marko Zoretic, and Ari Fattahyani outline helpful strategies for companies to avoid trademark infringement, false advertising claims, and Federal Trade Commission (FTC) actions.
The authors examine the risks of influencer marketing, particularly when brands or influencers do not follow best practices, which could result in consumer confusion. “This potential for confusion among consumers prompts closer scrutiny of influencer behavior and heightened trademark enforcement efforts by companies seeking to preserve the goodwill and distinctiveness of their brands.”
Zadra-Symes, Zoretic, and Fattahyani also highlight relevant legislation and federal guidelines that pertain to influencer marketing, including the Lanham Act and FTC endorsement guidelines. They examine several real-world examples of trademark infringement and false advertising litigation related to the Lanham Act, underlining the importance of brands doing their due diligence on influencer marketing to avoid any potential legal pitfalls.
The authors also outline several proactive legal strategies brands can employ while pursuing influencer marketing, including comprehensive contracts with appropriate disclosures and clauses, as well as clear and conspicuous disclosure of the nature of the influencer’s relationship with the brand.
Read the full article here.
