IMPROPER USE OF TRADEMARKS IN PARASITIC ADVERTISING DEVELOPED ON SOCIAL MEDIA AS A CRIME AGAINST CONSUMER RELATIONS

Abstract

Parasitic advertising, characterized by the misuse of trademarks in marketing campaigns, has become a growing and concerning practice in today's digital landscape. This form of advertising exploits the reputation and recognition of established brands to attract consumers illicitly, constituting unfair competition. This study specifically focuses on the misuse of trademarks in parasitic advertising developed on social media, analyzing it as a crime of unfair competition. Using a qualitative approach, with bibliographic and documentary technical procedures, the research examines the impacts of these practices both for the brand-owning suppliers and for consumers, who are misled and harmed in their purchasing decisions. The study also discusses legal and technological measures to combat parasitic advertising, proposing solutions to ensure brand protection and promote loyalty in commercial relationships. It concludes that the effective application of preventive and repressive measures is essential to mitigate the harmful effects of this practice and ensure a fair and balanced market, given that unfair competition is classified as a crime, particularly under Article 195 of the Industrial Property Law.