Managing intellectual property rights in the digital world is a daily challenge for the legal staff of influencer, blogger, youtuber and fashion designer Camila Coutinho, invited by the 3rd Law & Fashion Webtalk, an event promoted by ABPI – Brazilian Intellectual Property Association and the Commission Fashion Law of OAB-RJ (CDMD). The debate on “Digital influencers: legal and behavioral aspects in the pandemic” included the sectional representative of ABPI in Pernambuco, Gustavo Escobar, and the president of the Intellectual Property Commission of the Brazilian Bar Association of Pernambuco (OAB-PE), Gisela Peres, under the mediation of Deborah Portilho and Andreia Gomes, respectively president and vice president of CDMD. “People are not yet connected to the image rights on the internet, but everything is a brand nowadays”, says Camila, Brazil’s first fashion blogger, whose website “Garotas Estúpidas” (Garotas Estúpidas) was elected the fourth most influential fashion blog in the world in 2013.
Everything. The legal work coordinated by Escobar and Gisela involves the management of 25 trademark processes with the INPI – National Institute of Industrial Property housed under the blog. With more than 2.5 million followers on Instagram and about 370 thousand subscribers on YouTube channel, the Garotas Estúpidas brand, as well as the name Camila Coutinho, have been the target of undue appropriations. A court case, under the guise of Escobar and Gisela, involving ambush marketing, trademark infringement and image rights resulted in the search and seizure of thousands of products and printed with the usurped brand.
The contractual management of the blogger’s trademarks leads to a thorough management of trade-dress including image rights, names, distinctive signs, among others. According to Escobar, in order to surround the protection of rights, both related to ethical issues and related to intellectual property, it was necessary to develop specific clauses in the contracts, including restrictions on remail, the obligation of website advertisers to make a detailed briefing of the contents and the duty to inform if there is an advertising campaign involved, among others.
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