Alex Roberts
π€ SpeakerAppearances Over Time
Podcast Appearances
My name is Alex Roberts. I am professor of law and media at Northeastern University. How carefully are you following the sad beige influencer lawsuit? I'm following it pretty closely because it is right up my alley, to be honest with you. So I've written about influencer marketing and I teach courses on trademark and entertainment law and intellectual property law. So this is all my jam.
My name is Alex Roberts. I am professor of law and media at Northeastern University. How carefully are you following the sad beige influencer lawsuit? I'm following it pretty closely because it is right up my alley, to be honest with you. So I've written about influencer marketing and I teach courses on trademark and entertainment law and intellectual property law. So this is all my jam.
My name is Alex Roberts. I am professor of law and media at Northeastern University. How carefully are you following the sad beige influencer lawsuit? I'm following it pretty closely because it is right up my alley, to be honest with you. So I've written about influencer marketing and I teach courses on trademark and entertainment law and intellectual property law. So this is all my jam.
It is. So Gifford brought this lawsuit in April of 2024. So her causes of action in the complaint include copyright infringement, trade dress infringement, unfair competition, interference with contract, misappropriation of right of publicity, and more. To many experts, I think these claims seemed like overreach with very little chance of success. But...
It is. So Gifford brought this lawsuit in April of 2024. So her causes of action in the complaint include copyright infringement, trade dress infringement, unfair competition, interference with contract, misappropriation of right of publicity, and more. To many experts, I think these claims seemed like overreach with very little chance of success. But...
It is. So Gifford brought this lawsuit in April of 2024. So her causes of action in the complaint include copyright infringement, trade dress infringement, unfair competition, interference with contract, misappropriation of right of publicity, and more. To many experts, I think these claims seemed like overreach with very little chance of success. But...
Scheil moved to dismiss six of those eight causes of action. And kind of surprisingly, a magistrate judge in November declined to dismiss four of those challenged claims. And then in December, the supervising district judge adopted the magistrate's report and recommendations. So that doesn't mean Gifford wins on those claims, but it means the judges believed that she adequately pled them.
Scheil moved to dismiss six of those eight causes of action. And kind of surprisingly, a magistrate judge in November declined to dismiss four of those challenged claims. And then in December, the supervising district judge adopted the magistrate's report and recommendations. So that doesn't mean Gifford wins on those claims, but it means the judges believed that she adequately pled them.
Scheil moved to dismiss six of those eight causes of action. And kind of surprisingly, a magistrate judge in November declined to dismiss four of those challenged claims. And then in December, the supervising district judge adopted the magistrate's report and recommendations. So that doesn't mean Gifford wins on those claims, but it means the judges believed that she adequately pled them.
So at this stage, they can't be ruled out and the case can go forward. Are you surprised by that? I am surprised by that.
So at this stage, they can't be ruled out and the case can go forward. Are you surprised by that? I am surprised by that.
So at this stage, they can't be ruled out and the case can go forward. Are you surprised by that? I am surprised by that.
okay tell me why there's a lot out there a lot that content creators are making particularly when it comes to amazon recommendations particularly when it comes to this kind of clean girl aesthetic and this sad beige you know certain tones and colors that people are using a lot of it is really similar here's your step-by-step guide to becoming an elegant classy clean girl the first thing i want you to do is pick a signature fragrance
okay tell me why there's a lot out there a lot that content creators are making particularly when it comes to amazon recommendations particularly when it comes to this kind of clean girl aesthetic and this sad beige you know certain tones and colors that people are using a lot of it is really similar here's your step-by-step guide to becoming an elegant classy clean girl the first thing i want you to do is pick a signature fragrance
okay tell me why there's a lot out there a lot that content creators are making particularly when it comes to amazon recommendations particularly when it comes to this kind of clean girl aesthetic and this sad beige you know certain tones and colors that people are using a lot of it is really similar here's your step-by-step guide to becoming an elegant classy clean girl the first thing i want you to do is pick a signature fragrance
And the idea that there's something protectable here under intellectual property law is somewhat surprising. Of course, photos are protectable and audiovisual content is protectable. And Gifford actually registered copyright in those things. But the argument that what Shiloh's doing actually infringes those copyrighted works isβ seems like a stretch to me.
And the idea that there's something protectable here under intellectual property law is somewhat surprising. Of course, photos are protectable and audiovisual content is protectable. And Gifford actually registered copyright in those things. But the argument that what Shiloh's doing actually infringes those copyrighted works isβ seems like a stretch to me.
And the idea that there's something protectable here under intellectual property law is somewhat surprising. Of course, photos are protectable and audiovisual content is protectable. And Gifford actually registered copyright in those things. But the argument that what Shiloh's doing actually infringes those copyrighted works isβ seems like a stretch to me.
And likewise, the trade dress claim, I mean, it's really going to be challenging for her to actually establish trade dress protection for kind of her color scheme and her general style. I was just looking at the amended complaint and she talks about like her way of relating to her followers and her tone of voice. I mean, that's Not usually what trade dress law protects.
And likewise, the trade dress claim, I mean, it's really going to be challenging for her to actually establish trade dress protection for kind of her color scheme and her general style. I was just looking at the amended complaint and she talks about like her way of relating to her followers and her tone of voice. I mean, that's Not usually what trade dress law protects.