A California federal court recently refused to dismiss a social media influencer from a trademark infringement lawsuit, setting a precedent for similar lawsuits in the future.
Josh Gerben discusses the advantage of this tactic.
Others said brands pursuing “scorched earth” tactics would name influencers to ensure that the influencer’s infringement stops as quickly as possible, trademark attorney Joshua Gerben of Gerben Perrott LLC said. He added that it works to the enforcer’s advantage if the brand can knock off the influencer’s infringement.
Source: Handler, Samantha. news.bloomberglaw.com. “Influencers Risk Trademark Suits After Judge Rejects Dismissal”. 12 August 2021.