Forensic, General & Medical
Expert Witnesses

Expert Witness Testimony on Influencer Marketers


Influencer marketers may cause problems with a select group of individuals where an expert witness’ testimony becomes important to unravel the confusing issues of the case. Through the expert witness, the issues with the form of marketing that only targets influential people may become clearer to the judge or jury.

Some companies market to those that have a greater influence over consumers rather than the public itself. This may provide better opportunities for those that have the charm, charisma or ability to manipulate the consumer. With better products, free samples or a chance to cooperate to better improve the company, these influential individuals have a greater chance of disclosing details or promoting the effects of company products. If a problem occurs or injury arises, an expert witness may need to explain the situation and what an influencer marketing campaign is. By providing testimony in the courtroom, the expert may increase awareness of complex concerns.

The Target Influencer

Whether the person has money, power or a way to influence others through his or her skills and talents, he or she will experience some companies using campaigns in marketing targeting only him or her for certain products or services. Sometimes, this is an opportunity. Other times, the individual may feel burdened. As one of few receiving such attention, it is possible that harm from the product may increase if only so many testers have contact with the business or item produced. These influencers may receive compensation for time and energy consumed, but the risk of harm increases greatly when little oversight exists.

Intellectual Property Infringement

One of the primary reasons an expert witness needs to provide testimony in the courtroom for instances with marketing influencers is the complication that is intellectual property infringement. Some of these situations involve the influencer using the trademark of the company as his or her own. The individual that has the influence over the market and local consumer group may try to sell the products or services of the company and pass them off as his or her own with all IP trademark symbols, words or phrases attached. The expert witness needs to explain the complex subject matter and how it affects the company directly.

Other cases have the opposite problem where the influencer already has a company and the other business either has a similar or the same type of brand that could confuse the target client or customer base. The individual affected will need an expert witness to unravel confusion, remove problematic issue and explain the matter fully to the judge or jury. He or she may also need to describe dates of trademark registration, the similarity to the brand and any products that have similar design, materials or colors. Any of these factors could confuse the public and lead to an unfair competition practice.

Branding, Marketing and the Influencer

The company that engages in influence marketing has a specific brand involved in these campaigns. Through the marketing to specific influencers, the company seeks to increase product or service sales when the person uses his or her influence on the local market public. The expert witness attached to a case where the company or influencer suffers an injury of some form may need to fully explain the relationship between the two. If the influencer sustains an injury, he or she will need the expert to reveal details of the arrangement. However, when the company suffers from actions of the influencer, the business deal created may remain a secret with details supplied by the expert about the injury and how the actions led to the complication.

Brand loyalty and spreading positive messages and words about the company is important when seeking to campaign with an influencer. It is when a negative impact is felt by the business that the injury occurs, and a lawsuit ensues. For the influencer, the situation may involve a direct injury to business or personal matters that ends in a civil suit. However, the expert witness will need to provide testimony in the courtroom about the deal, any marketing campaign and how the injury plays a part.

The Expert Witness in Influence Marketing Campaigns

The professional hired for the case may need to use his or her business background to fully understand and the detail the matter to the courtroom. This often involves removing confusing concepts, providing more in-depth information about the campaign and how the influencer would help in sales and proving how the injury needs compensation or another remedy.


Provided by HG.org

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

Find an Expert Witness