Navigating Third-Party IP in Marketing: Pitfalls, Risks, and Practical Playbooks

Join Foley Hoag for a practical discussion for marketing leaders and in-house counsel on how everyday marketing, social media, and digital campaigns can trigger trademark, copyright, false advertising, false endorsement, and publicity‑rights claims. While the only truly “safe” path is to obtain permission, marketing teams often face pressure to move quickly and creatively. This webinar will explore practical, defensible ways to reference other brands, copyrighted works, and people’s likenesses when permission isn’t feasible.

What we will cover:

• Common pitfalls: how marketing uses of brands, copyrighted works or celebrity likenesses can create significant legal risk
• Why permission is the gold standard—and when limited, low‑risk uses may be defensible
• How to reference brands factually and reduce the risk of implied endorsement or false association claims
• How hashtags, tags, and @mentions can create endorsement risk and safer alternatives
• Public domain works and traps to avoid when relying on them
• Common pitfalls when naming competitors in ads and how to reduce legal risks
• Parody and satire: what’s protected expression and what’s a lawsuit magnet
• Influencers, user generated content, and reposts, and why resharing doesn’t immunize you

Panelists include:

• Natasha Reed, Partner, Co-Chair, Trademark, Copyright & Unfair Competition Practice
• August Horvath, Partner, Chair, Advertising & Marketing Practice
• Katherine Luo, Associate, IP Litigation