Season 5, Episode 21. Influencers, Inc.: Chasing Clout, Creating Clones

Reimagining Intellectual Property in the Age of Luxury TechI’m curating this exclusive side event in Geneva on September 1 during the Luxury Innovation Summit. Limited seats, apply now to join the conversation.

On this episode, we discuss how the explosive growth of the influencer economy has created a fascinating new frontier in intellectual property law, where personal brands clash with corporate interests and digital avatars raise unprecedented legal questions.

This episode unpacks the high-stakes IP battles reshaping the $20 billion influencer industry, revealing how savvy creators protect their most valuable asset, their identity. Through compelling case studies like Charli D’Amelio’s strategic trademark registrations and the legendary “Battle of the Kylies” between Jenner and Minogue, we explore how influencers transform fleeting social media fame into lasting, legally-protected brand equity.

But the legal landscape doesn’t just apply to human influencers. We venture into the uncanny valley of virtual personalities like Lil Miquella and Noonoouri, examining how these digital beings, composed entirely of intellectual property, navigate contracts, licensing, and disclosure requirements. As luxury brands increasingly embrace these pixel-perfect ambassadors who never age and never sleep, the boundaries between creative assets and personas continue to blur.

The global response to these challenges reveals fascinating cultural and legal differences. From Tennessee’s groundbreaking AI-ELVIS Act protecting voice rights to China’s comprehensive regulations on “deep synthesis” content, we witness how legal frameworks worldwide are evolving to address deepfakes, digital cloning, and the ownership of virtual identities.

Whether you’re an influencer building your personal brand, a marketer navigating partnership agreements, or simply curious about the legal infrastructure behind social media fame, this episode offers crucial insights into who truly owns your digital presence—and how to protect it. Remember: in the high-stakes world of influence, the law isn’t here to rain on your parade; it’s here to ensure you own the parade itself.

Subscribe now to explore the intersection of intellectual property and digital influence, and join us at the Luxury Innovation Summit 2025 in Geneva this September for our special event on IP in the age of luxury technology.

Zodiac Season, Litigation Rising Intangiblia™

Can you copyright a horoscope, enhance a century-old tarot deck and claim protection, or assign your stage name and lose it in court? We open the year by charting the legal sky where creativity, belief, and branding intersect—and sometimes collide. From a syndicated astrologer’s claim that near-identical forecasts kept running without a license, to a software company’s short-lived effort to assert control over historical time zone data, we unpack the crucial line between ideas and expression, facts and creativity, public domain and protectable derivative work.We also step into the studio with the icons. The Walter Mercado saga reveals how a personal brand can be transformed into a trademark owned by someone else, with lasting consequences for the artist behind it. Along the way, we explore what separates simple restoration from original creativity in tarot publishing, why databases of raw facts remain free for all, and how small wording choices in daily horoscopes can carry real legal weight. The thread tying it all together: the cosmos is shared; the way we package it is not.Expect practical takeaways for creators, publishers, and entrepreneurs: register original writing, document design decisions, start from public-domain sources rather than competitors’ upgrades, and read every clause before assigning names, logos, or likenesses. If you’re building an astrology app, launching a zodiac product line, or reviving classic esoteric art, this deep dive will help you navigate trademarks, copyrights, and contracts without dimming your creative light.Enjoy the episode? Follow the show, share it with a friend who loves law or the stars, and leave a quick review to help others find us. What boundary do you think should exist between shared culture and private ownership? Tell us—your take might shape a future episode.Send us a textCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats. The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
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