The COVID-19 crisis has forever changed the way we shop and communicate. After six months of staying at home, consumers have grown accustomed to shopping online, home delivery, and curbside pickup, and we all now communicate through social media and virtual video meetings more than ever. This is the post-pandemic reality, and fashion, luxury, and apparel brands are poised to lead the way. Their world, with its many seasons and trends, already moves very quickly, from design to marketing to sales, and has long been at the forefront of using technology and social media, posting their latest styles, launching campaigns, and partnering with celebrities and influencers.

As consumers reach for their smart phones, iPads and laptops during newfound spare time, fashion and lifestyle brands are nimbly adapting to expand digital market presence, including emerging as a new form of entertainment. Brand owners are creating ad campaigns, contests, stories, and #challenges to engage consumers and strengthen brand loyalty and sales. With these exciting new opportunities, however, comes risk. What liabilities arise from brands using influencer/endorser/consumer content? How can brands use social media to combat infringement? Are fashion brands prepared to launch new artificial intelligence/augmented reality apps?

Influencer/Endorser Issues