Trademark infringement lawsuit targets are growing beyond the company that created the product in question. According to Bloomberg Law, "companies more often focus only on the competitor selling the allegedly infringing product. Claims against influencers promoting infringing products could be a new way to bolster plaintiffs' legal strategies."
Partner Dyan Finguerra-DuCharme discussed the strategy with Bloomberg Law:
Brands might be cautious, though, in taking that approach if they want to work with that influencer in the future or are going after someone with a high profile whose fans could lash out at the brand, said Dyan Finguerra-DuCharme, a trademark attorney at Pryor Cashman LLP.
While targeting influencers is effective in stopping infringement, it's an aggressive strategy, she said.
"There are a lot of brand owners who carry very large sticks and sometimes scorched earth approaches to the enforcement of their rights," Finguerra-DuCharme said. "I wouldn't be surprised if there's more cases like this. They're going to be few because it is just so aggressive."
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Influencers should be cognizant of possible trademark infringement lawsuits when making sponsorship deals with brands, Finguerra-DuCharme said. Indemnification contracts can protect them, but the lawsuit threat will remain.
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