My campaign slogan was copied by another brand. Can I sue?

This is a common question in the fashion and advertising market. The creative use of language, in slogans, catchphrases and advertising headlines, can become a strategic asset for a brand. But, after all, is it possible to prevent another company from using the same phrase?

In Brazil, the protection of advertising phrases depends on the analysis of some key factors: originality, distinctive character and commercial purpose.

Common, generic or descriptive phrases, such as “dress well” or “fashion with comfort”, are unlikely to have legal protection. This is because they are expressions that belong to everyday language use and do not present sufficient creative elements to be protected. On the other hand, creative, unusual phrases that can directly refer to the identity of a brand can be protected, as long as their authorship, previous use and, ideally, registration as a trademark or authorial work can be proven.

The Copyright Law (Law No. 9,610/1998) can be applied when the phrase presents a degree of originality that allows it to be recognized as an intellectual work. The Industrial Property Law (Law No. 9,279/1996) offers ways to register slogans as mixed trademarks, as long as they meet the distinctiveness criteria and are not confused with mere descriptions of products or services.

In addition, the Civil Code and the Consumer Protection Code can also support legal measures in cases of unfair competition or misleading advertising, when the improper use of the phrase seeks to benefit from the reputation built by another brand.

In a case of copying, it is essential to gather evidence of prior art (such as campaigns, publications, registrations and contracts), in addition to assessing the degree of risk and damage involved.

Relying on specialized legal advice is essential to protect the brand's communication identity and adopt strategic measures based on the specific case.