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Category: Contracts

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Contracts

Brand Ambassadors: The contractual relationship and its implications

We all know the iconic American jewelry company TIFFANY & CO., which has maintained its status over the years, reinventing itself at times but remaining modern within its classic style. With its headquarters in New York City and branches around the world, what started as a stationery store has managed to position itself in the world of jewelry and glamour. It has even come to be considered one of the most luxurious jewelry companies worldwide. This was recently acquired by LVMH, so some changes are predicted in the not-too-distant future.

In the latest edition of Harpers Bazaar, a major novelty for TIFFANY was announced, revealing on its cover its new acquisition. This consisted of Beyoncé dressed in her own brand “IVY CITY,” combined with several classic Tiffany pieces. All to announce that the celebrity couple and music world stars will be joining their team of brand ambassadors. Which includes Beyoncé and Jay-Z, and celebrities Anya Taylor Joy, Tracee Ellis Ross, and Rosé.

You’ve probably heard that term a lot… “brand ambassador,” and it’s equally likely that you don’t fully know what these ambassadors do. That is, what permissions they have within the brand, and what their limitations are in relation to it; how one becomes a brand ambassador. In short, countless questions that come with the curiosity of any human being. Since it is talked about how celebrities become the face of the brand, but not the responsibilities that entails.

Indeed, a brand ambassador becomes the public face of the company to the market. In this case, the new faces of Tiffany & Co. are Beyoncé and Jay-Z. Among their main tasks is to create awareness about the brand, its products, and services. Normally, people are chosen who are known for setting trends within their communities; since the goal is for whoever represents the brand to make you want to acquire what it has to offer.

A candidate for the “brand ambassador” position must be someone with a social presence, primarily in the digital world. He or she must agree with the brand’s values, as well as its mission and vision, since this person becomes a spokesperson for everything the brand represents.

However, the intellectual property rights of the brand do not belong to the ambassador, and even less can the latter manipulate them as they wish. That is, they cannot grant permissions and licenses for the brands, nor can they alter their logos. Likewise, the ambassador’s image must be protected.

The contract by which this employment relationship is established must necessarily establish points about the permissions that the ambassador has over the brand and what uses the latter can give to the image of who represents it. That is, what may seem like mere advertising is pure intellectual property. On the one hand, it is necessary to regulate the rights of the brand and how it can be used by a third party. But on the other hand, the person’s image must also be protected, as it should not be used without their consent.

Therefore, when talking about “brand ambassadors,” it is not merely about advertising matters. The issue is much deeper and more cross-cutting than it might seem superficially.

Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com 

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