Tag: Instagram

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Cosmetic Blunder – All UK Instagram Content Must Make Clear On the Face of it that It’s an Ad, Including Reels and Stories
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Are You Influencing Responsibly?
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Advertising in the Time of Coronavirus
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Don’t mess with Ferrari: the Prancing Horse legal drama
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UK Advertising Regulator makes first ever ruling on disclosures required for commercial marketing via a TikTok video
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Photographer Unsuccessful in Copyright Case Over Use of Embedded Instagram Photo

Cosmetic Blunder – All UK Instagram Content Must Make Clear On the Face of it that It’s an Ad, Including Reels and Stories

The UK Advertising Standards Agency (ASA) has found that an influencer’s Instagram reel and story breached the advertising regulations. All advertising made by influencers must make it clear that it is an advert, otherwise brands, even if they have no control, will be held jointly responsible.

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Are You Influencing Responsibly?

A recent UK Advertising Standard’s Authority (ASA) study has revealed that many social media influencers are routinely breaking consumer and advertising laws.

The findings of the study are important for social media influencers, who should ensure that they are fully transparent about when they are posting advertising content and for companies who work with social media influencers, who are equally responsible for ensuring that brand partnerships are sufficiently disclosed in the influencer’s social media posts.

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Advertising in the Time of Coronavirus

COVID-19 and the many national lockdowns that have followed have caused a huge shift in advertising and marketing. Suddenly, everyone is at home and receiving nearly all content digitally; through their phones, tablets and TVs, and advertising budgets have been sliced and squeezed as companies shift scarce resources to other parts of their business.

Regulators are faced with a new challenge and responsibility to protect consumers from companies who would price gouge and profit from panic caused by COVID-19. The UK regulator, the Advertising Standards Authority (ASA), has published a fair number of decisions and guidance in relation to the coronavirus.

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Don’t mess with Ferrari: the Prancing Horse legal drama

Use of Ferrari’s trade mark in a fashion show or on social media requires consent. This is the lesson we assume Philipp Plein has recently learnt following a couple of legal defeats before the Italian Courts that ruled in favour of Ferrari.

In a ruling issued by the Court of Genova last June, the Court ruled in favour of Ferrari for the illegitimate use of Ferrari’s trade marks on Plein’s Instagram account. The designer on that occasion posted several pictures as well as Instagram stories showing some of his clothing line with Ferrari’s trade marks in the background. Ferrari successfully argued that in those shots Philipp Plein was unlawfully appropriating the positive image and reputation of the well-known car company by using its trade marks for promotional purposes.

In another recent case, the Court of Milan ordered Plein to remove from its website, social media, and other online platforms all the videos and images showing Ferrari cars and trade marks. The Court also ordered the payment, in favour of Ferrari, of €300,000 in damages plus legal fees as well as the publication of the decision in two national newspapers. Furthermore, in the event in which that Philipp Plein would not promptly remove the contested images and videos representing Ferrari cars and trade marks, it will have to pay a penalty of €10,000 for each day of delay in the removal of the infringing images and videos. To view the decision, click here.

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UK Advertising Regulator makes first ever ruling on disclosures required for commercial marketing via a TikTok video

A TikTok post on an Emily Canham’s account, a beauty blogger and YouTube star, is the first TikTok video found to be in breach of the Advertising Standards Authority’s (ASA) requirement for disclosure in the UK (see here).

The post, which featured a video of Emily Canham using a branded hairdryer and straighteners, included a caption alongside the video stated:

hiii just a lil psa there’s 20% off the [Brand] website TODAY ONLY with the code EMILY … #fyp #foryourpage“.

The brand in question had entered into an agreement with Ms Canham, which required Ms Canham to post a number of social media posts while at a music festival. The music festival was cancelled as a result of COVID-19. However, the contract was varied and still required several social media posts featuring a certain promotional code.

It was submitted to the ASA that the TikTok was created without the oversight or approval of the brand, and did not form part of Ms Canham’s contract. Additionally, both Ms Canham and the brand pointed to the fact that she had not been compensated for the promotional code featured in the TikTok video.

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Photographer Unsuccessful in Copyright Case Over Use of Embedded Instagram Photo

User beware – you will be held to a social media platform’s terms of use. Most people are aware by using a social media platform that they give up some rights to the content that they share. What rights and to what extent depends on the platform and the specific terms of use.

A district court in the recent Sinclair case found no copyright infringement by the website Mashable, where it used one of photographer Sinclair’s Instagram photos in an article, even after an unsuccessful attempt to license the photo directly from Sinclair. Sinclair v. Ziff Davis, LLC, and Mashable, Inc., No. 1:18-CV-00790 (S.D.N.Y. April 13, 2020).

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