Creative campaigns, bold actions and aggressive positioning strategies are essential to stand out in competitive markets. But what if your company\u2019s marketing, even unintentionally, is creating serious legal risks? Keeping marketing aligned with legal is the way forward.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
And we\u2019re 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.<\/p>\n\n\n\n
In the first case, Brazil\u2019s Superior Court of Justice (STJ) – the country\u2019s highest court for private law matters – ordered a jewellery company to pay a substantial indemnity for copying a competitor\u2019s 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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
The third example involved unauthorised use of a competitor\u2019s 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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
For foreign companies entering or expanding in Brazil, it\u2019s 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\u2019t just about avoiding litigation, it\u2019s about safeguarding your reputation and protecting your competitive edge.<\/p>\n\n\n\n