As Makeup Co., Molly Sims Settle Lawsuit, Uncertainty Over Influencer Liability Remains
The Fashion Law
Aug. 2, 2022
“As for what made the lawsuit an especially notable one (compared to routine trademark cases), it is largely that, in addition to suing the manufacturer of the competing product, Petunia also asserted claims against an influencer, Sims. ‘This is noteworthy,’ Buchalter attorneys Matthew Seror and Michael Worth stated in connection with the court’s order last year, ‘as brands have historically launched legal battles against each other for claims of infringement – not the celebrities or social media influencers who sponsor the products.’ They note that if an influencer is big enough, asserting claims against him/her could prove attractive for plaintiffs by ‘provid[ing] them with another potential source from which to collect monetary damages.’”
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