Creative Klick Agency LLC (“Creative Klick”), a Florida-based marketing agency, recently brought suit against social media influencer and cannabis businessman Dan Bilzerian and his company, Ignite Spirits, Inc. (“Ignite”). According to the complaint, Bilzerian has more than 32 million followers on Instagram, while Ignite has more than 3 million followers. The complaint alleges that after Creative Klick and Ignite discussed “entering into a formal relationship” with one another where Creative Klick would provide “social media marketing material, including high-end photography,” Ignite requested a few samples of Creative Klick’s work product in conjunction with Ignite’s beverage line, namely vodka bottles. The complaint filed on April 12th goes on to state that although Ignite subsequently claimed that it was deciding how it wanted to move forward with marketing and budgeting, Ignite nevertheless used the samples provided by Creative Klick and posted them to millions of people via Bilzerian’s and Ignite’s Instagram pages. Creative Klick is seeking damages and attorneys’ fees in a three (3) count complaint filed in the U.S. District Court for the Southern District of Florida.
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