The Wemake Construcciones company had no better idea than to use the unforgettable defeat of Brazil at the hands of Germany, by a score of 7 to 1, using the image of defender David Luiz in a campaign.
The footballer, today an Arsenal player in England, sued Wemake for misuse of his image and moral damage. After being defeated in the first instance, David Luiz received a favorable sentence from the Court of Justice of the state of São Paulo.
The first instance ruling argued that the image used was of the player, a public person, in his role as a footballer.
The São Paulo court, on the other hand, claimed that the use of “the image in a commercial, promotional activity and with clear economic purposes, without due authorization and, in a pejorative manner, imposes the duty to compensate.”
“The fact that it is a public person does not make public its right to the image, nor does it authorize any person, whether natural or legal, to use it without their consent and without any consequence,” stated the new ruling.
The pejorative report that the Wemake campaign took David Luiz’s phrase after the game – “I just wanted to bring joy to my people” – to contrast it in his campaign with the text: “When you hire fans to take care of your dream family, it is almost a 7 to 1. We know that you wanted to make your family happy, but it has a good chance of ending up in disappointment ».
The construction company must pay 30,000 reais (about US$ 5,600) in damages to David Luiz.
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