Liz Corradino and David Rabinowitz are quoted in World Intellectual Property Review (WIPR) in an article examining the intellectual property implications of celebrity likenesses, personality rights, and real-time social media marketing.

The article, “Hair suit: Erling Haaland and the limits of real-time marketing” explores the lawsuit brought by professional soccer player Erling Haaland against Norwegian Air Shuttle. The airline digitally incorporated Haaland's recognizable blond ponytail into an image of one of its aircraft, accompanied by the slogan, “We’ve never looked more Norwegian.” The dispute raises important questions about the commercial use of recognizable personal characteristics, implied celebrity endorsements, and the extent to which brands can capitalize on social media trends without obtaining permission.

David Rabinowitz discusses the potential for implied endorsement and consumer confusion when a company uses characteristics associated with a celebrity in its marketing. He explains that a company's intentions do not necessarily protect it from liability:

“The company’s intent, strictly speaking, is totally irrelevant.”

David emphasizes that even when a company views its use as humorous or lighthearted, the key consideration is whether consumers could perceive an association between the individual and the company's products or services.

Liz addresses the changing risk landscape for brands using real-time social media marketing. She notes that companies have historically been more willing to push boundaries with real-time social media campaigns as they viewed social media content as different from a traditional national advertising campaign, where brands invest in media placement and face greater challenges taking advertisements down if problems arise.

However, Haaland’s lawsuit suggests that brand owners should think twice before treating spontaneous social media content as a lower-risk form of advertising. Liz states “it will set an example if more celebrities and professional athletes start saying, ‘You know what? It’s not enough that you’re going to take the content down—I’m going to pursue this, because had you cleared the rights with me, I would have charged X amount.’”

 The article underscores an important message for brand owners: As real-time marketing continues to evolve, companies must carefully evaluate the use of celebrity identities, recognizable personal characteristics, and implied endorsements before publishing promotional content.