Creative campaigns, bold actions and aggressive positioning strategies are essential to stand out in competitive markets. But what if your company’s marketing, even unintentionally, is creating serious legal risks? Keeping marketing aligned with legal is the way forward.
In Brazil, recent court rulings show that marketing and legal departments must operate in close alignment, especially as your business grows and your brand gains visibility.
And we’re not talking about isolated incidents. Three recent court decisions in Brazil demonstrate how a marketing campaign can lead to costly legal exposure when it lacks the proper legal guidance.
Case Studies from the Brazilian Courts
In the first case, Brazil’s Superior Court of Justice (STJ) – the country’s highest court for private law matters – ordered a jewellery company to pay a substantial indemnity for copying a competitor’s advertising strategy. The court held that mimicking the visual identity, tone and campaign structure amounted to unfair competition, even though no trademarks were directly violated.
In the second case, a company was held liable for false and misleading claims made in its marketing materials about a rival business. Even indirect messages that led consumers to believe the competitor acted improperly were deemed abusive and harmful. Without concrete evidence, the court ruled that the accusations crossed the line.
The third example involved unauthorised use of a competitor’s brand name in Google Ads. While such practices may be common elsewhere, Brazilian courts considered this a misuse of registered trademarks. The company that owned the brand name was awarded damages and obtained exclusive rights to its use in online advertising.
Marketing Aligned: A Strategic Partnership for Growth
The takeaway? Marketing can and should be bold, but it must never operate in a legal vacuum. In Brazil, promotional actions, competitor comparisons, and the use of brand names are all subject to strict rules rooted in consumer protection, competition law and trademark regulation.
For foreign companies entering or expanding in Brazil, it’s essential to have a corporate lawyer involved from the early stages of branding and marketing strategy. So, you can keep marketing aligned with legal issues. Legal review isn’t just about avoiding litigation, it’s about safeguarding your reputation and protecting your competitive edge.
📩 If your company is considering launching a brand, campaign or expansion in Brazil, speak with a legal advisor who understands both your business model and the local regulatory landscape. In a market full of opportunity, security starts with preparation, and that means marketing and legal working hand in hand.
