As the influence of influencers grows, so too does scrutiny from regulators and brand owners. With increased guidance from the Advertising Standards Authority and the Competition and Consumer Protection Commission, influencers are now expected to meet higher standards when posting branded content online.
For influencers, compliance is not just about using #ad or #gifted. It also means understanding how to use a brand’s trade marks, logos and hashtags correctly. Misusing a trade mark can mislead consumers or imply a commercial connection that does not exist, exposing both the influencer and the brand to risk.
Influencers should only use logos, brand names or campaign hashtags that they have clear permission to use, and must follow the brand’s guidelines on placement, wording and context. Creating new hashtags that incorporate a company’s trade mark without approval can also lead to infringement or passing-off concerns.
Clear, authorised and transparent use of trade marks is now essential for influencers who want to grow sustainably in an increasingly regulated digital space.
#youhavebeenwarned !
For more information please contact Niamh Gibney or James Tansey.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
