Artist/influencer wore your brand but didn’t tag you: can you demand it?

The relationship between fashion brands, artist and influencers has become a key marketing tool. However, the informality of this environment often raises a common legal question: can a brand demand to be tagged when an influencer wears its product?

If a collaboration or product-exchange agreement exists — even verbally — the influencer is legally bound to honor the terms. Under Article 421 of the Brazilian Civil Code, contracts are binding and must be performed in good faith. Therefore, if the product was sent for promotional purposes and the influencer accepted it with that understanding, the brand may legally demand that the influencer:

• tag the brand in the post;

• mention it in stories or captions;

• deliver agreed-upon content.

Failure to do so can justify damages or contract termination, according to Articles 389 and 395 of the Civil Code.

If the influencer purchased or received the item without any promotional commitment, the use is considered spontaneous.

In this case, there is no legal duty to tag or promote the brand, since no contractual relationship exists.

Attempting to enforce it could even amount to abuse of rights (Article 187 of the Civil Code).

To avoid disputes, brands should formalize all collaborations through written influencer or barter agreements, defining:

• the purpose of the partnership;

• deliverables (posts, stories, tags);

• deadlines and usage of image and product.

In Fashion Law, preventive legal counsel safeguards both the brand’s reputation and creative identity. Well-drafted contracts not only protect the brand but also reinforce trust and professionalism within the fashion ecosystem.