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Imitation on social media: where does the reference end and the damage to the brand begin?

Social media has transformed the way brands and fashion designers position themselves in the market. However, along with exposure and viralization, risks also arise: among them, the improper use of creative elements, visual identity and even entire campaigns under the guise of “inspiration”.


In Fashion Law, the line between inspiration and imitation is not only ethical: it is legal. And when this line is crossed, the brand’s reputation, commercial value and even its position in the market can be directly affected.


Jacket YSL
Image/reproduction: Pinterest

What are the risks of imitation for the brand? When a creation is replicated without authorization, the consequences go beyond aesthetic inconvenience. Improper use can:


• Dilute the brand’s positioning;

• Confuse the consumer;

• Weaken the exclusivity of the creative proposal;

• Characterize unfair competition or copyright infringement.


Imitation on social media is an increasingly common reality, especially in the fashion world, where aesthetics and visual identity are valuable assets for brands and creators. Furthermore, in an environment as visual as the digital one, the image becomes a strategic asset and, therefore, subject to legal protection.


Having specialized legal advice allows you to identify the brand's protectable elements, register creative assets when necessary and act assertively in the face of harmful imitations.


It is also essential to formalize contracts with suppliers and partners, including clauses that restrict the unauthorized reproduction of creative materials and campaigns, including on social media.


Building a brand goes far beyond aesthetics and needs to be protected with strategy. In the fashion world, every detail communicates. And when this detail is reproduced inappropriately, the brand's name is at stake.


Protecting the brand's identity, creative elements and positioning also means protecting the brand's future. And this can be done with proper legal advice from the beginning. To do this, seek out a specialist professional who gives you confidence to protect your creations.

 
 
 

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