According to a recent decision¹ issued by the Brazilian Superior Court of Justice, the unauthorized use of an individual’s name and image (likeness) automatically results in damages.
In this case, the Brazilian television show host Luciano Huck filed a lawsuit against a construction company due to the unauthorized use of his name in an advertising campaign of a real estate developed by the defendant. In its defense, the construction company argued that its conduct would be licit because it had only transcribed excerpts from a news story published in a magazine, without using the plaintiff’s photo and while also citing other celebrities.
The Superior Court of Justice reiterated that the unauthorized use of an individual’s image (likeness) for commercial purposes do not require proof of damages actually caused. The construction company was ordered to pay damages of approximately USD 25,500 to the plaintiff.
¹ Special Appeal 1.645.614/SP