Chapter 8 - Legal Issue

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 12

Nguyen Thi Lan Chi MA.

1. Introduction to Personal Branding


• Definition: Crafting a public identity for
professional success.
• Importance: In the era of social media,
personal branding shapes careers.
• Intersection with Law: Personal brands can
face legal challenges, just like corporate
brands.
2. Trademarks in Personal Branding
• Definition: A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises.
• Examples: Personal logos, signature slogans
• Registration Process: Search for existing
trademarks, application, and potential
opposition.
• Case Study: Kim Kardashian's "KKW" – ‘SKKN’
brand faced opposition due to similarity to an
existing logo.
2. Trademarks in Personal Branding
While the registration of the trademark was done, Kim
Kardashian’s lawyer got slammed with a Cease and Desist
Notice by Beauty Concepts LCC.

The renowned brand has claimed that they have been in the
use SKKN+ brand since 2017.

Providing salon and skincare services which are owned by


Cydnie Lunsford. Beauty Concepts adamantly stated that not
just this, they also operate a website and social media
handles using the letters SKKN+.

There has also been an application of the words to the U.S


Patent and Trademark Office to register the SKKN+ logo.
3. False Advertising Concerns
• Definition: Misleading consumers about the
benefits, nature, or quality of a product or
service.
• Examples: Influencers claiming unverified
results from health products.
• Consequences: reputational damage.
• Case Study: A lifestyle guru faced charges for
false claims about a dietary supplement's
benefits.
3. False Advertising Concerns
§ In 2019, Kardashian received a warning letter from the FDA for promoting a morning
sickness drug called Diclegis on her Instagram without including any risk information
about the drug.
§ The post was considered a form of false advertising because it did not communicate
any potential side effects or risks associated with the drug, which is a requirement for
pharmaceutical promotions.
§ As a consequence, Kardashian had to remove the post and subsequently repost it
with the proper risk information included.
§ This case highlighted the legal responsibilities influencers have when promoting
health products and the potential reputational damage and legal repercussions of
non-compliance.
4. Defamation Challenges
• Understanding: False statements that harm a
person's reputation.
• Examples: Unsubstantiated negative reviews
about competitors.
• Protection: Immediate retraction, public apology.
• Case Study: A consultant sued for defamation by a
competitor over false allegations made in a blog
post.
4. Defamation Challenges
§ The case of Johnny Depp vs. Amber Heard. In 2019, Johnny Depp, a well-known actor, filed a defamation lawsuit
against his ex-wife Amber Heard, an actress, over an op-ed (thư gửi toàn soạn – Opposite the editorial page) she
wrote for The Washington Post in 2018.

§ Although Depp was not named in the article, he claimed that it falsely implied he was physically and emotionally
abusive during their marriage.

§ The op-ed damaged Depp's reputation and career, leading to significant media coverage and public discussion.

§ In June 2022, the court found in favor of Johnny Depp, awarding him $15 million in damages.

§ The case is a high-profile example of how unsubstantiated claims can lead to defamation lawsuits and have severe
consequences on one's personal brand and professional life.
5. Privacy Violations
• Privacy Rights: Obligation to protect
personal data of clients and followers.
• Examples: Unauthorized use of client
testimonials.
• Case Study: A fitness trainer's
unauthorized use of client before-and-
after photos led to a lawsuit.
6. Copyright Issues
• Basics: Protects original works of authorship.
• Examples: Copying text or images from another
personal brand.
• Fair Use: Limited use for commentary, search engines,
criticism, parody, news reporting, research, and
scholarship.
• Case Study: A blogger republishing another author's
articles without permission.
7. Cybersecurity in Personal Branding
• Importance: Safeguarding digital assets against unauthorized access.

• Threats: Phishing (mạo danh lừa đảo), hacking, data breaches.

• Protection: Strong passwords, encryption, two-factor authentication.


• Case Study: A celebrity's social media account was hacked, leaking confidential information.

You might also like