Don’t Jack Jill’s Pages

Originally posted March 30, 2011

The U.S. District Court for the Northern District of Illinois has held that a company’s alleged use of an employee’s Facebook and Twitter pages without her permission to post marketing messages that looked like they were written by the employee may be liable under the Illinois Right to Publicity Act and the Lanham Act for false endorsement.

In this case, the employee, Jill Maremont, worked for an interior design firm in Chicago. As part of her job, Maremont created a work-related blog that was hosted on her employer’s website. She also frequently posted to both her Facebook page and Twitter, which both included her picture and were, according to her, personal accounts.

Available at http://www.socialgameslaw.com/2011/03/dont-jack-jills-pages.html

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About John Nicholson

I'm a transactional attorney who focuses on structuring and negotiating large outsourcing transactions (both on and offshore). As part of my work, I've specialized in: - Structuring and negotiating large outsourcing transactions (both on and offshore) including IT outsourcing and various BPOs (including HRO, Facilities Management, Procurement, Finance and Accounting), large systems development and implementations; - Assisting with development of RFPs, proposal evaluation, down select, and negotiation; - US and European privacy laws, including US Safe Harbor, and state privacy and data breach notification laws; and - Privacy, security, legal and contractual issues associated with cloud computing. I'm a frequent speaker on outsourcing, privacy and security issues. Before becoming a lawyer, I was the acting IT director for a mid-size company prior to hiring the CIO and project manager for the company's Oracle Financials implementation.
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