Offended customer will receive R$ 165 from Daslu.
A woman was featured in a photo in the official magazine of a famous boutique; she appeared in the fitting room with her breasts exposed; a judge pointed to the misuse of her image.
Fernando Porfírio_247 - The megaboutique Daslu was ordered to pay R$ 165 in damages for photographing and publishing, without authorization, an image of a customer with her breasts exposed. The photo, taken while the customer was trying on clothes next to a model friend, was published in Daslu's promotional magazine, distributed at the store's opening in the southern part of São Paulo.
Judge Márcia Cardoso, of the 37th Civil Court of São Paulo, ruled that the Daslu magazine edition had a commercial interest and should only publish the client's photos with her consent. According to the judge, the plaintiff's image was used improperly, which is sufficient to generate an obligation to compensate. "Even more so considering that the photo in question shows the plaintiff in revealing clothing, with her breasts exposed," the judge concluded.
Sônia Regina Meneghetti is a saleswoman at the Prada store, located in the Bal Harbour shopping center in the United States. Sônia filed the lawsuit after being surprised by a call from Prada's management, who, with a copy of the magazine, asked for explanations about the published photo.
"A photo obtained without authorization, at the moment when someone is trying on clothing, with their breasts exposed, could only have been obtained unscrupulously, surreptitiously, undoubtedly constituting an offense to the dignity, decorum, image, and honor of the person," said lawyer Kalil Rocha Abdalla, who defends the saleswoman.
Daslu's defense stated that in November 2003, the British magazine Glamour published a report about the Daslu Boutique. The article recounted a visit by an English reporter to the store, during which the reporting team interviewed and photographed the saleswoman. It further stated that upon the inauguration of the new Daslu store, the boutique produced an illustrated magazine featuring foreign news articles, including the one that published Sônia's photo.