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Intellectual Property: The Hidden Minefield in PR and Marketing
Every public relations (PR) campaign is also an intellectual property (IP) decision — even if it doesn’t feel like one. A single social media post can spark a lawsuit. User-generated content can carry unexpected liability. Artificial intelligence (AI) is introducing new legal gray areas every day. And because campaigns reach audiences worldwide in an instant, you’re dealing with international IP issues whether you plan to or not. For many PR and marketing professionals, these risks remain invisible. But ignoring them doesn’t make them go away. In fact, it often magnifies the fallout when problems arise.
Why IP is More Than a Legal Issue
At its core, IP isn’t just about legal compliance — it’s about ethics. The values that guide PR and communications professionals every day already align with IP principles. Honesty shows up in transparent sourcing and truthful attribution. Fairness means respecting competitors’ and creators’ rights. Expertise includes knowing where legal boundaries fall. And loyalty requires protecting your clients by practicing responsibly.
Respecting IP rights isn’t about lawyers stepping in to slow things down. It’s about reinforcing the ethical foundation that allows the industry to thrive. When communicators get this right, they aren’t just reducing legal risk, they’re strengthening trust with clients, partners, and their audiences.
When Celebrity Fame Meets Trademark Reality
In 2022, Hailey Bieber’s beauty brand “Rhode” seemed destined for success — celebrity power, social media buzz, and a massive following. But a clothing company called Rhode, operating since 2014, immediately sued for trademark infringement. The plot twist? Bieber’s team had known about the conflict since 2018. The clothing company had even tried to sell them the trademark. This wasn’t an oversight; it was a calculated risk that backfired, leading to two years of litigation and an undisclosed settlement in July 2024. The lesson: fame doesn’t override trademark law, and due diligence isn’t optional.
Where Risks Hide in Everyday Work
The most common mistakes often happen in the most ordinary ways:
- Reposting a customer’s vacation photo that shows a competitor’s hotel logo in the background.
- Sharing a TikTok with unlicensed background music.
- Using AI-generated graphics that might infringe on existing designs.
Each choice feels small, but each creates potential liability.
Influencer partnerships multiply these risks. A brand ambassador who uses the wrong background track, drops an unauthorized celebrity name, or casually displays a competitor’s logo can expose companies to costly disputes. What’s worse: you’re legally responsible for what they post, not just ethically responsible.
These challenges can escalate internationally. A “hashtag” innocent in English may be offensive or infringing elsewhere. What’s perfectly legal in the U.S. might violate trademark law in Europe or Asia.
Crisis Communication Complications
The danger peaks when IP issues collide with a PR crisis. A trademark claim surfacing during an already tense situation forces professionals to balance public messaging with legal strategy. Here’s the critical insight: your crisis communications can become evidence in court. A rushed social media response may provide short-term reassurance, but lawyers may later have to explain your posts to judges.
Three Questions That Can Save Your Campaigns
Before launching any campaign, ask these survival questions:
- Do we own it or license it? Create quick clearance checklists for every asset you use.
- What could go wrong? Spend 10 minutes on IP risk assessment for each campaign.
- Who do we call? Build relationships with IP counsel before you need them, not during a crisis.
These aren’t just legal questions — they’re ethical checkpoints that should be part of every campaign planning process.
Red Flags That Demand a Pause
Stop everything when you encounter: pressure to use “similar but not identical” content; rush deadlines that skip clearance processes; “let’s use competitor content just this once” requests; international campaigns launched without global IP review; user-generated content campaigns without clear strategies; or crisis situations where IP shortcuts seem tempting.
Building Smarter Habits
Managing these risks doesn’t require becoming a legal expert. It starts with building systems that make good IP practices second nature. Develop simple clearance checklists, document decisions, and know when to pause for legal input. Train teams to recognize warning signs and update policies as technology evolves.
AI tools now play a central role in content development, but they raise new questions about originality and ownership. A graphic generated by an algorithm may not be protected — or could even infringe on someone else’s rights.
Final Takeaway
Prevention costs far less than litigation. But more importantly, it ensures PR and marketing professionals can focus on crafting messages that inspire and connect without creating unintended consequences. Your reputation, and your client’s, depends on doing the right thing even when no one is watching.
At Chambliss, we partner with PR and communications teams to align compliance with campaign goals, helping safeguard work and protect brands. Our approach is practical, collaborative, and focused on protecting creativity rather than restricting it. If you have questions about trademarks, copyrights, or other IP issues, reach out to Stephen Adams for more information.
