You Need To Calm Down: Legal Risks Behind The Taylor-Travis Wedding Buzz

The internet has spent the last few days in a collective Love Story.

The highly anticipated Taylor Swift & Travis Kelce wedding has finally happened, and the celebration has generated exactly the kind of attention we would expect from two of the world's most recognizable people.

For the past week, our social media feeds have been flooded with alleged insider photos, supplier shout-outs, themed promotions, and businesses eager to tell the world that they played a role in the big day. It seems that everyone wants to be a part of this particular Era.

But while a little excitement is understandable, brands looking to capitalize on the wedding buzz should remember that doing so comes with legal risk. From privacy concerns to noncompliant advertising risks, a plethora of legal issues can arise when marketing teams attempt to associate themselves with a headline-making event, particularly one involving celebrities known for carefully managing their public images.

Here are a few issues that came to our minds as we spent our weekend scrolling through wedding content:

1. Just because you were involved in the event doesn't mean you can advertise it

A vendor may be thrilled to announce that it catered the reception, arranged the flowers, coordinated logistics, or delivered late-night snacks. However, being hired to provide goods or services for an event does not automatically grant the right to publicly use the names, likenesses, or identities of the people involved.

If a business uses a celebrity’s name or image for its own promotional purposes, it may engage publicity, personality, privacy, or endorsement-related rights. A social media post that appears to imply an endorsement, partnership, or special relationship may create legal exposure even where the underlying facts are true.

In other words, "We made Taylor Swift’s wedding cake" may not be nearly as straightforward as a business assumes.

2. What happens at the wedding may need to stay at the wedding

Mrs. Swift (or now, Mrs. Kelce?) is rumored to frequently require people in her orbit to sign non-disclosure agreements (NDAs). It would therefore be no surprise if she had required the vendors, contractors, staff, and suppliers involved in her big day to sign NDAs restricting their ability to share information about guests, locations, services provided, or even the fact that they were involved.

If a business publicly discloses confidential information in breach of an NDA, it could face significant legal and reputational consequences.

And even where no formal NDA exists, posting behind-the-scenes details about a private event may not be the best way to begin a lasting client relationship.

3. Ambush marketing: Everyone wants to join the party

Major cultural moments often inspire brands to seek creative promotional opportunities. Sometimes, however, those efforts cross into ambush marketing territory.

Swift is no stranger to ambush marketing, which is when brands try to create an association with an event when no such association exists.

A brand that had nothing to do with the wedding but wants to ride the publicity all the way to the end zone could end up in legal trouble, for reasons we’ve previously discussed in the context of other events.

4. False and misleading advertising: Don't make up your own fairytale ending

In the rush to join the celebration, some brands may be tempted to let their marketing get ahead of the facts.

We’ve seen several businesses share images of trucks bearing their logos delivering material to the wedding venue. Some of these are even accompanied by captions stating that the business is thrilled to have participated in the event.

In many cases, these images and statements may be entirely accurate (in which case, see sections 1 and 3 above). In others, however, the business at issue does not seem like one that would actually be involved in the wedding, due to the nature of their products, where they’re located, or other reasons.

Given, however, that most of us were (unfortunately) not present at the event, there is no way for us to know whether or not these representations are accurate. Even if intended as jokes, such posts by businesses that were not involved in the event could easily be false and misleading, and thus offside.

5. Intellectual property: Don’t assume it’s fair game

Brands eager to join the wedding frenzy should be careful about how they use the newlyweds’ names, images and other branding elements. The bride, in particular, is well known for carefully managing the intellectual property associated with her brand.

Using protected names, logos or images could raise trademark or other intellectual property concerns. Famous people, such as the newlyweds, have the exclusive right to exploit their personality for commercial gain. Use of their likeness for commercial purposes by anyone else could in many cases constitute misappropriation of personality.

Marketers should also think twice before sharing videos or images of the event that they find online. A photo going viral does not make it part of the public domain or free for commercial use. Reposting, editing, or incorporating that content into branded marketing without permission may infringe copyright, and could quickly have a brand wishing it had a Getaway Car.

Conclusion

For brands, the Taylor-Travis wedding may feel like an irresistible marketing opportunity. But before rushing to post that "exclusive" supplier announcement or launch a wedding-themed promotion, it is worth taking a moment to consider the legal implications.

From confidentiality obligations and publicity rights to trademark concerns, ambush marketing, and advertising law, there are plenty of ways a seemingly harmless post can become a legal headache.

And given Taylor Swift's reputation for carefully protecting her brand and intellectual property, it will be interesting to see whether her legal team has been enjoying the celebrations, or rather spending the week reviewing social media posts.

Either way, while the newlyweds may be enjoying a honeymoon, marketing departments would be wise not to enter their own Cruel Summer.

Read the original article on GowlingWLG.com

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