The Federal Trade Commission means business when it comes to regulating Instagram advertisements.

The consumer rights advocacy group Public Citizen recently complained celebrities weren’t being upfront about which of their posts were sponsored. So, the FTC responded by reviewing the photos and sending warning letters to more than 90 Instagram users. The commission has discussed its standards for advertising on social media before, but has not directly confronted the celebrities named in complaints until now.

Public Citizen wasn’t alone in its push to make sponsored content more transparent—this past summer, the nonprofit Truth in Advertising filed a complaint against the Kardashian family for “deceptive marketing.” Though the FTC won’t name which celebrities received the letters, Public Citizen also included the Kardashians in its petition, in addition to well-known Instagrammers like Rihanna, Michael Phelps, Chris Pratt, Jennifer Lopez, Lindsay Lohan, Lebron James, Drake, Mark Wahlberg, and Blake Lively.

The 113 photos Public Citizen referenced in its complaint usually show the celebrities using a product from the brand that has paid them, with an accompanying caption endorsing it. Products range from makeup and hair care from companies like L’Oreal to athletic gear from Nike and Adidas to snacks from Lay’s and Dunkin’ Donuts.

According to a release on the FTC’s website:

The FTC’s Endorsement Guides provide that if there is a ‘material connection’ between an endorser and an advertiser – in other words, a connection that might affect the weight or credibility that consumers give the endorsement – that connection should be clearly and conspicuously disclosed, unless it is already clear from the context of the communication. A material connection could be a business or family relationship, monetary payment, or the gift of a free product. Importantly, the Endorsement Guides apply to both marketers and endorsers.

The release adds that Instagrammers should be clear that their post is an ad within the first three lines of the photo caption, and should avoid writing too many hashtags that could bury disclaimers. The use of hashtags and captions like “#sp” (short for “sponsored”), “Thanks [Brand],” or “partner” do not directly communicate that the post is sponsored and can confuse followers, the FTC says.

In its Endorsement Guides, the FTC writes that ads should be “honest and not misleading”—and consumers should know when they’re reading an endorsement that has been paid-for, because it can affect the way they “[evaluate] the endorser’s glowing recommendation.”

This doesn’t mean your favorite actors, athletes and reality stars are headed to court or getting banned from Instagram anytime soon. Often, it’s the sponsor behind the post that ends up taking the heat for its sneaky ad campaigns. In July, Warner Bros. settled charges that it failed to disclose information about paying “influencers,” like Youtube star PewDiePie, to recommend one of its video games. In March, the department store Lord & Taylor settled charges over its failure to inform consumers that it had sent popular Instagram users free clothing in exchange for promotion of one of its clothing lines.

Victoria Sheridan

Victoria is an editorial intern at Law Street. She is a senior journalism major and French minor at George Washington University. She’s also an editor at GW’s student newspaper, The Hatchet. In her free time, she is either traveling or planning her next trip abroad. Contact Victoria at VSheridan@LawStreetMedia.com.

The post The FTC Isn’t Kidding About Instagram Ads appeared first on Law Street.

A two-year legal battle between the world’s two most well-known Kylies seems to be settled…for now. In 2015, Kylie Jenner, who became famous thanks to the reality show “Keeping Up With The Kardashians,” attempted to trademark her first name. She filed a request with the U.S. Patent and Trademark Office (USPTO) so that she could use it for advertising purposes in the U.S.

But Australian pop legend Kylie Minogue wouldn’t have it. Her team filed a notice of opposition in February 2016, claiming that Jenner trademarking their shared first name would damage the pop diva’s brand.  Minogue has sold perfume, make up, skincare products, jewelry, and other items under her own name. The opposition notice describes her as an “internationally renowned performing artist, humanitarian and breast cancer activist” who is widely known by her first name.

Kylie Minogue wins a legal battle against Kylie Jenner over the “Kylie” name trademark: https://t.co/RX0gIIlVs9 pic.twitter.com/0hJROzAGuq

— Entertainment Weekly (@EW) February 7, 2017

Even though most young Americans now associate “Kylie” with the Kardashian-Jenner clan’s youngest, Minogue has been a globally-known pop star since 1979. And her lawyers didn’t have very nice words for then-19-year-old Jenner when she filed the lawsuit: “Ms. Jenner is a secondary reality television personality,” whose “photographic exhibitionism and controversial posts have drawn criticism from, e.g., the Disability Rights and African-American communities,” the notice of opposition read.

Minogue already has very similar trademarks such as “Kylie Minogue Darling,” “Lucky–the Kylie Minogue musical” and “Kylie Minogue,” as well as her website kylie.com. The musical doesn’t exist yet, but she has plans to produce one some day. Shortly after filing the documents, Minogue tweeted:

Hello….. My name is KYLIE #lightyears

— kylie minogue (@kylieminogue) February 28, 2016

The case has been suspended at least twice in the past year due to settlement negotiations. On January 19, Minogue withdrew her opposition. Jenner’s application for the trademark may proceed, and the case was listed as “terminated” on January 26, so it’s possible that there was a quiet agreement reached.

In the midst of all this, Jenner released her cosmetic line “Kylie Cosmetics” last summer. She also lost a separate battle in which she aimed to trademark her full name in November 2015. She planned to use “KYLIE JENNER” to sell a very long list of clothing and accessories–“Belts; Bottoms; Coats; Dresses; Footwear; Gloves; Headbands”–and so on. But the USPTO denied the request, as the name is “confusingly similar” to other trademarks such as totally unrelated clothing brand “Kylee,” and Jenner’s brand with her sister, “Kendall and Kylie.” But Jenner filed an appeal on January 23, so the process is likely not over yet. Seems like Jenner’s lawyers have been pretty busy!

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post What Happened in the Kylie vs. Kylie Legal Battle? appeared first on Law Street.

With great fame comes great…er chances of being sued. Nobody knows this fact better than celebrities, and 2016 was no different. This past year we saw some of our most beloved stars entangled in celebrity court battles ranging from the bizarre to the just plain wrong. For the sake of nostalgia, here are our picks for the top celebrity legal battles of 2016!

10. Lindsey Lohan Loses to Grand Theft Auto

Lindsey Lohan suing @RockstarGames over Grand Theft Auto 5 character pic.twitter.com/5TPQpDnVRL

— RushLimpCall (@rushlimpcall) October 11, 2014

Actress Lindsey Lohan was convinced Grand Theft Auto V illegally used her likeness when creating its infamous red bikini girl, Lacey Jonas. As a result, she sued the game’s makers back in 2014, but it wasn’t until 2016 that her case was eventually dismissed. The overall judgement concluded:

[They are depictions] not of Lohan herself, but merely the avatar in the game that Lohan claims is a depiction of her.

Even if we accept plaintiffs’ contentions that the video game depictions are close enough to be considered representations of the respective plaintiffs, plaintiffs’ claims should be dismissed because this video game does not fall under the statutory definitions of ‘advertising’ or ‘trade’.

Better luck next time LiLo.

Read: Lindsay Lohan’s Lawsuit Against “Grand Theft Auto V” Will Proceed

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Top 10 Celebrity Legal Battles of 2016 appeared first on Law Street.

A lawsuit against their future sister-in-law is the cherry on top of an eventful few months for the Kardashians.

Khloe, Kourtney, and Kim have filed legal documents to prevent Blac Chyna (whose actual name is Angela Renée White) from being able to trademark the Kardashian name for her own personal brand. In case you haven’t been “keeping up,” Chyna is the fiancée of Rob Kardashian, and she took legal action back in May to secure her future family’s name for business purposes.

The legal action taken by the Kardashian family cites that the sisters “will suffer damage including irreparable injury to their reputation and goodwill if the Opposed Mark is allowed to register.”

The relationship between Chyna and the Kardashians has been a tumultuous one, but they seemed to be on good terms recently. However, after being accused of “deliberately seeking to profit from the goodwill and popularity” of the Kardashian name, family relations are sure to get a little awkward.

TMZ reports that the sisters assured Chyna the filings were not meant to single her out and were just “standard” procedures taken by their lawyers.

The Kardashian name itself is an important part of the various businesses owned by the family, which include products such as clothing, fragrance, makeup and home goods, among others. Additionally, the money they make off of self-promotion in the form of personal appearances and social media depend a lot upon the value of the Kardashian name.

Kris Jenner herself considered changing her name back to Kardashian in the past, and cited business purposes for doing so.

Chyna’s lawyer told People that his expectations are that it will be a “clear case win, because it’s actually her name, it’s not a poaching.”

Regardless of the intentions, it should be interesting to see how this all plays out as the family prepares to welcome Chyna into the family.

Mariam Jaffery

Mariam was an Executive Assistant at Law Street Media and a native of Northern Virginia. She has a B.A. in International Affairs with a minor in Business Administration from George Washington University. Contact Mariam at mjaffery@lawstreetmedia.com.

The post The Kardashians Try to Prevent Blac Chyna from Legally Using Their Name  appeared first on Law Street.

They say imitation is the sincerest form of flattery, but makeup artist Vlada Haggerty doesn’t seem to think so. After allegedly stomaching months of idea theft, Haggerty says she’s ready to sue Kylie Jenner, claiming the “Keeping Up With The Kardashians” reality star copied her artwork to promote her holiday makeup line.

On November 19, the Kylie Cosmetics Twitter page posted an image of a woman with red ombre lips concealing her eyes with gold covered hands. The promo pic was meant to show off some of Jenner’s newest creme shadow and lip kit shades.

Yellow Gold CRÈME shadow on hands available in the holiday collection. Left to right: MARY JO, MERRY, VIXEN ombré on the lips @MarceloCantu pic.twitter.com/05jO4qEFIH

— KYLIE COSMETICS (@kyliecosmetics) November 19, 2016

However, the image drew a striking resemblance to one that Haggerty posted on September 24 captioned “See No Evil.” Haggerty, who goes by the username Vladmua on Instagram, called out Jenner and her company a week ago by posting a side-by-side of the two pics and captioning it:

Really @kyliecosmetics? Haven’t you gotten enough ‘inspiration’ from me already? Left is a the work @juliakuzmenko, @brittrafuson and I shot a few months ago and right is @kyliecosmetics new campaign.

Really @kyliecosmetics? Haven’t you gotten enough ‘inspiration’ from me already? Left is a the work @juliakuzmenko, @brittrafuson and I shot a few months ago and right is @kyliecosmetics new campaign.

A photo posted by Vlada Haggerty (@vladamua) on Nov 19, 2016 at 8:18pm PST

This is all part of a long controversy between the two that dates back to a year ago. Haggerty claims that not only has Kylie attempted to pass off her artwork as her own in the past, but the teenage entrepreneur also modeled her brand’s lip logo off  Haggerty’s signature melting lips.

Aside from the copycat claims, Jenner also faced backlash over defective lip gloss wands and overpricing, and was even accused of rebranding ColourPop’s matte liquid lipsticks formula as her own.

Photographer Julia Kuzmenko McKim, who captured Haggerty’s “See No Evil” image explained the concept of the photoshoot in a lengthy blog post. McKim wrote, “It breaks my heart to see how large brands take independent, unprotected artists’ work and use them to multiply their wealth. In an ideal world, big brands would easily prevent such backlashes by hiring the artists who have already created something that they would love for their own campaign.”

Kylie Cosmetics has not yet commented on the threat of legal action, but some experts say the lawsuit will likely be a dud. Since ideas aren’t legally protected, Jenner would need to have used the exact same image as Haggerty for there to be a real case.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Kylie Jenner Threatened with Lawsuit Over Holiday Promo Pics appeared first on Law Street.

Have you ever scrolled though your Instagram feed and stopped on an image of one of the Kardashian/Jenner sisters (yes, it’s ok to admit that you follow one, if not all of them) posing with some new fit tea, hair pill, or waist trainer? Was the photo perhaps missing a clearly visible sponsored content label?

Chances are your answers to both of these questions are yes, which is why the famous celebrity clan has been warned that if they don’t remedy their deceptive advertising practices in a week, a formal complaint will be filed with the FTC.

Even the government is no fan of the Kardashians’ detox tea ads on Instagram https://t.co/YAqyvFxO1s pic.twitter.com/ydRfwxMeaM

— Her Campus (@HerCampus) August 7, 2016

On August 17, Truth in Advertising.org sent the family’s matriarch/mom-ager, Kris Jenner, and 27 companies–including Puma, Calvin Klein, JetSmarter, Fit Tea, LuMee, and Balmain–a letter notifying them about the deceptive marketing campaigns. The nonprofit reviewed accounts for Kim, Khloe, Kourtney, Kylie, and Kendall, and found “a plethora of posts that do not clearly or conspicuously disclose their relationships with the companies being promoted in the posts as is required by federal law.”

TINA.org writes:

We intend to notify the Federal Trade Commission that these individuals and companies are engaged in deceptive marketing campaigns unless, by August 24, 2016, the issues described above are fully corrected by clearly and conspicuously disclosing that all applicable posts – past, present, and future – are paid advertisements or the result of material connections between the Kardashian/Jenner individuals and the companies featured in the posts.

Read TINA.org’s letter to the Kardashian-Jenner family here.

The sisters, who have a combined Instagram following of more than 316 million, reportedly make an upwards of $300,000 per sponsored post. According to TINA.org, youngest sister Kylie had the most problem posts, followed by Kim. Also, Puma, with which Kylie has an endorsement deal, lead all companies in improperly marked paid content with 13 posts.

While the girls have occasionally used tags such as #sp and #spon to mark their sponsored posts, the FTC told Bloomberg the subtle disclaimer isn’t enough. Using the hashtag #ad is okay, but only if it’s at the beginning of a post.

Since receiving the letter, the Kardashian-Jenners have already begun retroactively amending posts to contain #ad at the end. However,  since the number of impressions garnered on a post significantly decreases after the initial posting, this remedy may be a waste of time. On August 24 it will be interesting to see if TINA.org is satisfied with changes, or if the group decides to move forward with filing an official FTC complaint.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Truth in Advertising Org Threatens to Report Kardashian/Jenner Family to FTC appeared first on Law Street.

Congressman John Dingell (D-MI) may be the longest serving member of the House of Representatives, but at 88 years old he’s crushing his colleagues at the Twitter game. He may not have the most followers out of the whole pack, but he’s undoubtedly got the most charm and the best sense of humor. Trust me, if you aren’t following him then you’re missing out. Take a look at these gems just from the last month alone.

He isn’t afraid to cut to the chase.

So it’s a tornado full of sharks? That’s what the entire film is about?

— John Dingell (@john_dingell) July 30, 2014

  He’s mastered the sarcastic hashtag.

#LetsMove RT @RepJeffDenham: My staff made me a birthday cake with lots of Valley veggies to remind me of home. pic.twitter.com/Ty2DbwdK6D — John Dingell (@john_dingell) July 29, 2014

  He wasn’t kidding about that cake.

Contrary to what some say regarding @SenSchumer, the most dangerous place in DC is actually btwn me and this birthday cake my staff got me.

— John Dingell (@john_dingell) July 9, 2014

  He isn’t afraid of a little age joke. 

313 years ago today, Cadillac landed on the banks of the Detroit River. No, I wasn’t there at the time. Happy 313th Birthday, Detroit! #313 — John Dingell (@john_dingell) July 24, 2014

He’s too smart for the Kardashian Kraze.

Staff has now informed me of what a Kardashian is. I’m only left with more questions.

— John Dingell (@john_dingell) July 22, 2014

  He’s the Marquis of Michigan.

With the House adjourned for the week, I’m taking my talents back to Michigan to spend time with constituents. #MI12 pic.twitter.com/1saVo5ubpT — John Dingell (@john_dingell) July 18, 2014

He doesn’t need no stinkin’ filter.

We didn’t need Instagram to get photos like this 50yrs ago, but I’ll still tag it #nofilter. #tbt pic.twitter.com/BM7DgE1gkU

— John Dingell (@john_dingell) July 17, 2014

  He knows how to work the crowd.

Working on speech to an auditorium full of Congressional Interns tomorrow. Staff advises it should be less A, more B. pic.twitter.com/YRlJ31cj8c — John Dingell (@john_dingell) July 15, 2014

He won the 6 Degrees of Kevin Bacon game.

Surely a question that has plagued mankind for decades. RT @USATODAY: Why John Dingell is one degree from Kevin Bacon http://t.co/5ItjtYxnWF

— John Dingell (@john_dingell) July 8, 2014

  He only endorses the truly important issues. 

Cosign. RT @espn: Tim Howard. So money. pic.twitter.com/OACEinyciW — John Dingell (@john_dingell) July 1, 2014

He knows you don’t #TurnDown when his beloved Tigers are winning.

That is now the second time I’ve tweeted or retweeted the #TurnDownForWhat hashtag. That said, go @tigers! #BlessYouBoys

— John Dingell (@john_dingell) July 2, 2014

—

Chelsey Goff (@cddg) is Chief People Officer at Law Street. She is a Granite State native who holds a Master of Public Policy in Urban Policy from the George Washington University in DC. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at cgoff@LawStreetMedia.com.

Featured imaged courtesy of [Gerald R. Ford School of Public Policy, University of Michigan via Flickr]

Chelsey D. Goff

Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

The post Rep. John Dingell is Better Than You at Twitter appeared first on Law Street.