Legal pitfalls that can compromise a fashion brand — and how to prevent them

The fashion industry operates with highly sensitive assets: brand identity, reputation, image, intellectual property, creative material, and commercial relationships. Because of this, seemingly minor legal oversights can lead to substantial losses.

In Brazil, the Industrial Property Law, Copyright Law, and the Civil Code set the standards for the use of trademarks, image rights, contracts, and creative content. All of them require formal authorization, written agreements, and active protection by the brand.

One of the most serious mistakes is delaying trademark registration before the National Institute of Industrial Property (INPI). Without registration, there is no exclusivity — meaning the brand may lose its name, logo, or visual identity to a third party who files earlier. Protection begins only upon filing and is consolidated with registration, making preventive action indispensable.

Another frequent issue is using photos, videos, designs, music, or any personal image without proper authorization. Brazilian law prohibits unauthorized commercial use, which means campaigns lacking formal consent expose the brand to litigation and financial liability.

It is also common for businesses to operate without written contracts regulating photographers, stylists, content creators, influencers, suppliers, and collaborators. These informal arrangements generate disputes about deadlines, payments, exclusivity, deliverables, and ownership of creative material — affecting both legal security and brand positioning.

Brands also often overlook copyright allocation. Without proper assignment, the company may be prevented from reusing campaigns or expanding their use across platforms or international markets.

Another critical point involves partnerships with influencers. Agreements that lack clear obligations, compliance standards, and image-use rights create fertile ground for reputational crises and non-performance.

For these reasons, having specialized Fashion Law counsel is essential. Proper legal structuring ensures complete contracts, timely trademark registrations, and full protection of the brand’s intangible assets. If you would like to learn more about the services offered by Carolina Lago Advocacia, please access the link provided: https://linktr.ee/carolinalagoadvocacia