Influencer liability ruling opens door for direct infringement claims, but brands must tread carefully
August 30, 2021
By Victoria Arnold
“Impact on brand-influencer relationships
The district court’s refusal to dismiss the claims against Sims could open the door to trademark owners naming social media influencers as additional defendants in infringement cases in future. As a result, influencers may be required to secure stronger indemnification rights from the brands that they sponsor or conduct some level of due diligence into the trademark status of the products or services that they endorse.
“This is a far less practical or cost-effective solution for influencers who participate in a high volume of sponsorship deals,” admit Worth and Seror. “Influencers may start requiring brands to indemnify them from these sorts of claims before agreeing to endorse or promote a brand’s products or services.””
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