Though they may be effective in generating publicity, using
unauthorized social media endorsements for marketing purposes could
be risky – cautions Davis LLP's Chris Bennett in an
article for The Lawyers Weekly.
In "A Little Privacy Please," which appears in the
October 17, 2014 issue, Chris explains the three main types of laws
in Canada that currently provide privacy protection and personality
rights: trademark law, statutory privacy law, and common law. He
also looks at several recent applications of these laws to social
media marketing, which serve as stark reminders that while it may
be tempting to feature a celebrity sighting or customer endorsement
in a marketing campaign, doing so without first obtaining informed
consent directly could increase exposure to the risk of lawsuits.