My brand appeared in an influencer's post without credit, can I legally demand this?

It's natural for fashion brands to invest in partnerships with digital influencers to strengthen their visibility. In many cases, the look is sent with the clear purpose of being promoted, and when the brand isn't tagged in the post, questions arise about what legal claims can be made.

The central question here is: was there a commercial agreement for promotional purposes?

If there is a contract (formal or via email/message, as long as it's proven) indicating that the influencer received the product for the purpose of promoting the brand—that is, if she was paid, gifted, or participated in a promotional campaign—yes, it's possible to demand compliance with the obligations set forth, such as tagging the brand, mentioning it in the captions, or posting in the agreed format.

In this case, the omission may constitute a breach of contract, and the brand may even seek redress if the campaign or its commercial reputation were damaged.

On the other hand, if the influencer purchased the item voluntarily, like any other consumer, there is no legal obligation to tag the brand. Just as a customer is not required to mention where they purchased their clothing, neither is an influencer, in the absence of a commercial relationship.

In these cases, while visibility may benefit the brand, there is no right to demand credits or mentions, except in exceptional situations involving misuse of copyrighted elements or unfair competition (such as deleting labels, for example).

Having a trademark registered with the INPI, formalizing partnerships with clear contracts, and defining campaign terms in advance avoids conflicts, losses, and frustrations for both brands and influencers.

At Carolina Lago Advocacia, we work strategically to guide, prevent risks, and legally structure the relationships between fashion brands and content creators.

Compliance, protection, and a solid legal position are pillars of sustainable growth for companies in the fashion industry.