The actress wins the trial against the farm

The actress Jessica Ellen, 33, won a victory in court against the agricultural clothing brand, after having had an image of her used without the consent of the company in a publication with commercial purposes. The case occurred during the period in which the artist was part of the soap opera “Love of Mother”, of TV Globo.

The photo in question had been originally published in the personal profile of the actress and was subsequently republished by the Fattoria on the official branch of the brand, which motivated a cause.

After being inferred out of the actress’s team, Farm removed the aerial image and initially offered a $ 1,000 prompt voucher, promptly rejected. Subsequently, the company presented a new attempt to agree, this time for an amount of $ 18,000.

However, Jessica Ellen maintained her position and continued the cause, in which she requested $ 120,000 for material damage and other $ 20,000 for moral damage.

Decision of the Court

The 2nd Chamber of Private Law of the Court of Justice of Rio de Janeiro recognized the irregularity in the use of the image and determined the payment of R $ 20,000 for moral damage. Although the request for material damage has not been supported in the first place, the Court also recognized the right to compensation for this damage.

The amount will be defined in the installation phase of the sentence and should be based on the cache that the actress usually charged for similar campaigns on social networks.

Defense of the brand

In his topic, Farm said that the image remained published for less than two days, that the dress worn in the photograph was not on sale in Brazil and that there was no profit with the publication. In addition, the company claimed that the post did not drive for the purchase of connections or involved an increase in sales or followers.

Also so, the rapporteur of the case, judge Carlos Santos de Oliveira, was categorical in affirming that “the use of the image of the profile intended for the promotion of products characterizes commercial exploitation”.

Positioning of justice

The magistrate also mentioned the previous 403 of the Superior Court of Justice to justify the sentence: “It is independent of the proof of the prejudice to the indemnity for the unauthorized publication of the image of people for economic or commercial purposes”.

Therefore, the Collegiate concluded that there was the violation of the rights and that the duty to compensate was characterized, also with the recognition of unfair enrichment by the company.

Resources rejected

Both Jessica’s defense and the farm appealed to the decision. The actress sought the review of the value relating to material damage, while the brand requested the reduction of compensation for moral damages to $ 10,000. However, the requests have been denied.

Finally, the company also presented the declaration embargo, which were also rejected, according to the justification that there was no omission, darkness or contradiction in the previous judgment.

Source: Terra

Amanda

I am Amanda Gans, a motivated and ambitious professional in the news writing industry. With over five years of experience in this field, I have developed an eye for detail and an ability to craft stories that captivate readers. I currently write for Gossipify, where I specialize in beauty & celebrities news. My passion lies with exploring the world of beauty through writing, interviewing experts and developing articles that are both informative and entertaining.