In today's fast-paced digital landscape, marketing teams are under constant pressure to create bold, engaging campaigns. But creativity often collides with legal risk, especially when referencing other brands, copyrighted works, or celebrity likenesses. Our recent webinar, "Navigating Third-Party IP in Marketing: Pitfalls, Risks, and Practical Playbooks," explored how everyday marketing decisions can trigger trademark, copyright, false advertising, and publicity-rights claims—and what you can do to stay on the right side of the law.
Why This Matters
From social media hashtags to influencer partnerships, the line between clever marketing and costly litigation is thinner than ever. While obtaining permission remains the gold standard, it's not always practical. So how can marketing teams move quickly without exposing their brands to unnecessary risk?
Key Insights from the Webinar
Here are some of the most important takeaways for marketing and legal professionals:
- Factually Reference Trademarks
Use third-party trademarks only to identify the brand or product, and never in a way that suggests affiliation or sponsorship. - Descriptive Fair Use
Common words in trademarks can be used descriptively, as long as they don't imply endorsement. - Transformative Parody Defense
Parody and satire can be protected, but only when they add new meaning or commentary—not just mimic the original. - Public Domain Isn't Risk-Free
Works in the public domain are generally safe, but adaptations and publicity rights can still pose challenges.
Watch the Full Webinar
This session was packed with practical strategies for reducing risk without sacrificing creativity. If you missed it, or want to revisit the discussion, you can watch the full recording here.
To view Foley Hoag's Trademark and Copyright Law Blog please click here
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
