Author: John Carter
A renowned online influencer and former reality TV star’s lawsuit, filed on Thursday in New York, brings to light what creators and their managers claim to be another flaw in the regulation and management of the internet.
Bethenny Frankel, who starred in “The Real Housewives of New York” on Bravo with more than 900,000 followers on TikTok, has filed a complaint against the app, alleging that it neglected to take action against scam ads that misused her videos to advertise fake goods.
This article will include everything concerning the case that has been made public.
Bethenny Frankel vs. TikTok
According to the class-action lawsuit, TikTok allowed users to make countless videos using her name, voice, photos, and other persona-related characteristics to sell fake items, infringing on her publicity rights.
According to a press release on Thursday, Frankel learned last month that a TikTok video she made was stolen and republished by a business that sells imitation goods. Many of her fans expressed shock upon watching it that she was pushing fraudulent goods.
In the release, Frankel stated, “I’ve found that this is a prevalent problem affecting creators of all levels across the market. It’s intolerable, and I want to use my platform to advocate for reform and bring about a change in the sector.”
A fight for justice for all creators
In a TikTok video associated with the case, Frankel claimed that a business selling knockoff cardigans had abused her content. All American creators whose voices, identities, content, or likenesses are forcibly used on TikTok to market counterfeit goods are part of the proposed class action.
According to the lawsuit, “many creators post on TikTok, looking for ways to gain more views.” The use of well-known influencers’ voices, likenesses, and photographs without consent has become widespread.
The lawsuit accuses TikTok of failing to take reasonable precautions to safeguard influencers from improper endorsements and alleges that the corporation is motivated to reward unlawful behavior with profit from advertisements and in-app purchases.
Frankel demanded TikTok discontinue using the images of creators and an undisclosed sum of money as compensation for damages.
TikTok comments on the lawsuit
TikTok asserted that it treats allegations of copyright and intellectual property infringement seriously and provides several portals on its website where users can report content that goes against the platform’s rules.
Ashley Nash-Hahn, a representative for TikTok said: “We have strict regulations to safeguard people’s hard-earned intellectual property and prevent false information off TikTok.” We regularly analyze and modify our policies and procedures to counteract advanced fraudulent attempts and enhance our systems.
Nash-Hahn admitted that about a fifth of videos that receive complaints on TikTok remain online. She said that between July 2021 and December 202, TikTok received over 49,000 global copyright takedown notices, of which 80% were satisfactorily addressed by the removal of content that was infringing.
Summary
Many creators can relate to Bethenny Frankel’s concerns about intellectual property infringement. Even though TikTok claims to have a system to address this issue, it does not appear to be very functional, as creators struggle to get justice. The case of Frankel v. TikTok Inc. has been filed and is ready to go. We will provide more information about this case as it develops.