-A presentation made at www.bloggingwhilebrown.com New York City, 2013 Conference on how a blogger's content can get them into legal trouble. 5 Questions This Presentation Answered: 1. What is defamation, what does it have to do with blogging and why even I need to fact check? 2. What's the 411 on endorsements and product reviews and what will definitely get you sued? 3. Why protecting content is important and why other people can sometimes steal your stuff? 4. Why the fine print matters and what the advertiser doesn't want to tell you, but I will. 5. How your big mouth can get you in trouble if you are not careful?

1. When
“KEEPING IT REAL”
Goes Wrong
Trezanay M. Atkins, Esq.
Creator and Chief Legal Strategist
www.thebrandinfringementfirm.com
@trezanay | ask@thebrandinfringementfirm.com
877.834.4007 phone | fax

3. DISCLAIMERS
1. Not Legal Advice, Just Information
2. No attorney-client relationship without a signed writing
3. Question and Answer Session at the end

4. URBAN DICTIONARY
“When Keeping It Real Goes Wrong”
 The greatest Chappelle's Show skit ever, self explanatory.
 In the act of Keeping it Real, the outcome is unexpected and usually
has a negative affect on the individual who decided to keep it real.
(See Keeping it Real)
 Chappelle show skit that satirizes a situation where a person decides
to act on impulse or acts uninhibited by social mores or norms (i.e.
"keeping it real") which usually leads to adverse and often times
unexpected results.

5. TOPICS: “When Keeping It Real Goes Wrong”
1. What is defamation, what does it have to do with blogging,
and why you need to fact check
2. Endorsements and Product Reviews: what will get you sued
and what advertisers won’t tell you
3. Protecting your content…and why sometimes it can be
“stolen”
4. The Kitchen Sink: Other ways your blog content can get you
in trouble

6. Um, what is defamation, exactly?
Why should I care?
Perez Hilton Tina Renna

7. People get pissed when you mess
with their reputation. Always ---> $$$
• First Amendment: FREE SPEECH
• Defamation: LIMIT on FREE SPEECH
– Can’t publish false statements about a person
(or business) that injure their (its) reputation.
• Slander: Verbal
• Libel: Written/Printed
• Defense: OPINION, TRUTH, POSITION

8. People get pissed when you mess
with their reputation. Always ---> $$$
Stuff You Post: FACT CHECK AND KEEP A FILE
Stuff you Host: Police your blog’s third party
comments or site contributions
***If you receive notice of defamation re third party
contributions, limit your liability***
-retraction, correction, deletion, suspension-

9. Um, what is defamation, exactly?
Why should I care?
Perez Hilton Tina Renna

10. People get pissed when you mess
with their reputation. Always ---> $$$
• Know your function: Journalist? Propagandist?
– Are shield laws available for your protection?
• Censorship: are you being persecuted under
the guise of defamation for the purpose of
censorship?
• Anonymity: when can you be forced to
disclose who you are (or a third party)

11. Endorsements and Product Reviews
What you must know!
Kim Kardashian Martha Stewart

12. Endorsements and Product Reviews
and Recommendations = ADVERTISING
The Underlying Principle:
Unfair and Deceptive Business Practices
1. Truthful/not misleading 2. Substantiation 3. Cannot be unfair
2. Must disclose your connections or affiliations with the advertiser
3. Disclosures PRIOR to purchase
4. Disclosures must be CLEAR and CONSPICUOUS and near the CLAIM
5. Sponsors/Sponsorship does not create advertising liability for you
6. Endorsements: must reflect typical experiences of the consumers
who will use the product/service. If not, supporting explanation
needed

13. Endorsements and Product Reviews
What will get you sued!
Misleading and Unsubstantiated claims that:
- cause injury
- involve “Deep Pockets”
- involve a Great Brand <---- i.e. jealousy
Things to consider:
what is the potential effect on your brand value?
HAVE A WRITTEN POLICY AND PROCEDURE
WWW.FTC.GOV/OS/2013/03/130312DOTCOMDISCLOSURES.PDF
http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf

14. W h at i s I nte l l e c t u a l P ro p e r t y ?
• Album Cover Design
• Group Name
• Music on the Album
• Photographs in the Cover
• Clothing Merchandise
• The People in the Photos
• The Logos on the Clothing
• The Tagline
• The Colors of the Cover
Design

15. Protecting Your Intellectual Property
As a blogger, YOU MAKE MONEY FROM YOUR CONTENT/IP – EITHER
DIRECTLY OR INDIRECTLY. So, protect it and manage its usage.
Over-policing
Trademark and Tradedress (names, logos, domain name issues,
Plagiarism (attribution): An Ethical Violation
Copyright + Fair Use: A Legal Violation and its Valid Defense
Infringing on others – either intentionally, negligently, or incidentally
-images/likeness
-photos
-deep linking
-privacy policies
-user-developed content policies
-music

16. PRIVACY ISSUES
• False Light
• Intrusion on Seclusion
• Public Disclosure of
Private Facts
• Misappropriation of
likeness for commercial
gain
Jessica Cutler

17. FINAL POINTS
Q & A
Trezanay M. Atkins, Esq.
Creator and Chief Legal Strategist
www.thebrandinfringementfirm.com
@trezanay | ask@thebrandinfringementfirm.com
877.834.4007 phone | fax