The Legal Brief
Protecting Your Own Personal Brand
July 9, 2024
In our modern, digital-centric age, the rise of celebrities and influencers as personal brands has transformed the landscape of intellectual property (IP). The blend of personal identity and commercial enterprise necessitates a nuanced approach to IP protection, especially when your brand is your name. Strategic foresight and early action are paramount.
The Financial Landscape
Social media influencers and celebrities often reap substantial financial rewards online. However, many overlook the critical IP implications tied to their personal brands. The early clearance and protection of your brand name, social media handles, and associated rights can safeguard your investment and enhance your ability to monetize your following effectively.
Getting Started
When establishing your brand name—whether it’s your real name or a chosen moniker—ensure its availability across all intended platforms. Checking the trademark register is essential to avoid infringing on existing rights. Ideally, your social media handles should align with your trademark or brand name. This alignment solidifies your reputation and creates a cohesive brand identity, making it easier for followers to connect with you across various platforms.
What Can You Protect?
Increasingly, celebrities and influencers are registering trademarks for their names. Icons like Taylor Swift, Beyoncé, and Kylie Jenner have secured their names, recognizing the value of this protection. Athletes and influencers follow suit, understanding the significance of trademarking their identities.
Trademark applications require specifying the goods or services needing protection, a challenging task for new brands. Depending on your activities, include services like blog publication, entertainment, and specific interests, such as cosmetics or advisory services.
For celebrities, consider goods with licensing potential and areas of renown, such as music production or clothing lines.
Copyright protection can also extend to celebrities, athletes, and influencers. You can assert copyright over your photographs or films. Even the presentation of content and accompanying text might be considered a 'work' worthy of copyright, though this area remains less tested. Generally, a registered trademark offers a more robust basis for protection.
Proving It’s You
After securing trademark protection, actively monitor social media platforms to prevent infringement and impersonation. Many platforms verify official accounts with a blue checkmark to combat imposters. Despite this, infringers can still create fake accounts or misappropriate trademarks and copyrights, causing significant harm.
Most social media platforms include IP protection policies in their terms of use. Violating these terms can result in content removal or account termination. However, general safeguards might not fully protect against issues like copycat profiles. Continuous monitoring and proactive enforcement are crucial.
Key Points
• Choose Wisely: Select your brand name or handle carefully to build a strong, protectable brand.
• Seek Early Protection: Secure your brand name early and extend protection as your activities diversify.
• Stay Vigilant: Monitor third-party activities and enforce your rights on social media.
For assistance in exploring IP rights for your brand and online brand protection, contact Joshua A. Claybourn, a member serving as the firm’s intellectual property and licensing practice group leader. He also represents municipalities and units of government.