Things That Matter

Etsy Artist Sues Frida Kahlo Corporation After They Claim Trademark Infringement

Artisan Nina Shope from Denver, Colo. is suing the Frida Kahlo Corporation (FKC) after her handmade Frida Kahlo dolls were flagged for deactivation. Last week, FKC lodged a trademark infringement claim with the popular e-commerce site Etsy.

Shope is demanding that the corporation ask Etsy to rescind its trademark infringement notice. The lawsuit also names a Panamanian organization related to the corporation, Frida Kahlo Investments, S.A. FKC is registered in Panama and has an office in Florida.

“I don’t believe that artists should be bullied or threatened into abandoning their art, silencing their voices, and stifling their creativity. That is the main reason why I am challenging the FKC’s alleged trademark registration, that has been used as a cudgel not only against me, but against a number of other creators and artists,” Shope wrote in a post on Facebook.

The complaint asserts that the FKC “submitted a false trademark takedown to Etsy claiming that Ms. Shope’s non-infringing use was in fact infringing.”

Shope isn’t the only Etsy artist selling Kahlo-inspired items on the site, a search of “Frida Kahlo” brings up more than 19k results while a search for #fridadoll on Instagram has more than 5K results featuring various artistic renderings.

The rights to Kahlo’s image expired in 2004, 50 years after the beloved Mexican artist and feminist icon died, and Isolda Pinedo Kahlo, the artist’s niece, placed a trademark on the name “Frida Kahlo,” and assigned that trademark to the FKC.

In 2018 the Kahlo family won a temporary injunction against toy manufacturer Mattel, forcing it to cease sales of its doll resembling the artist in Mexico as part of their “Inspiring Women” line.  

“I would have liked her to have a unibrow, for her clothes to be made by Mexican artisans. We, the Kahlo family, are the ones who have the rights to all these things,” Mara Cristina Romeo Pinedo, Frida Kahlo’s great-niece and Isolda’s daughter, told the AFP.

The mother and daughter disputed FKC’s rights to the artist’s name and image, demanding a redesign of the Barbie.

Consequently, FKC filed a lawsuit against Romeo Pinedo, alleging that she — who remains a shareholder and director at FKC — became dissatisfied with the group in 2011 and began a campaign to discredit the corporation and take over its role as the licensing agent for commercial products featuring the artist’s name and likeness.

“The Frida Kahlo Corporation actively participated in the process of designing the doll, Mattel has its permission and a legal contract that grants it the rights to make a doll of the great Frida Kahlo,” the company’s statement said.

Unlike Mattel, Shope and the other Etsy shops selling merchandise with her likeness are operating on a creative basis rather than overtly selling items directly connected to Frida or her work.

Shope’s complaint states, “The name of a doll does not violate the Lanham Act [the federal statute for trademarks, service marks, and unfair competition] unless the name has no artistic relevance to the underlying work whatsoever, or, if it has some artistic relevance, unless the title explicitly misleads as to the source or the content of the work. Here, neither concern applies.”

“We believe the doll represents a historical figure—you have to be able to say who that historical figure is without violating trademark. This is a brand new problem in the world of law and the world of art.” After having work removed from Etsy “the only way to get it back up is to sue the rights owner,”  Rachael Lamkin, Shope’s attorney, told ARTnews.

In a statement to ARTnews, a Frida Kahlo Corporation representative said, “We have made a significant investment in protecting the Frida Kahlo legacy, brand, and trademarks. We are prepared to vigorously defend our intellectual property and trademarks whenever our rights have been violated, and to stop any confusion that may be created in the market by such infringing activity.”

As of the time of publishing this post the handmade dolls are still available for purchase starting at $68 and featuring Frida’s signature unibrow.

Shope, who goes by SnapdragonOriginals on Etsy, launched a website detailing the reasons for the lawsuit, which she calls a “scary but exciting path.”

“I never imagined I would end up in litigation, especially against such a powerful corporation. However, I believe in supporting the rights of artists (especially those of us who are small artisans and craftspeople) to create beautiful and meaningful works of art that honor the legacy of Frida Kahlo. Although my Frida art dolls and hoops are not the totality of my collection (I have many folk-art inspired creations that I will later include on this website), they are a core element of what I create,” she wrote. “I will let you know how the lawsuit progresses, and hopefully the results will free more artists to share their visions with all of us.”

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Reports Of A New Series Depicting The Life Of Frida Kahlo Has The Internet Asking All Sorts Of Questions

Entertainment

Reports Of A New Series Depicting The Life Of Frida Kahlo Has The Internet Asking All Sorts Of Questions

Getty Images

There are few people in this world that are as iconic as Frida Kahlo. She’s captured the minds and imaginations of generations of people from all over the world. We’ve seen her story told before, including on the big screen, but fans have long awaited a Netflix rendition of the artists unique story and now it seem like we may finally be getting what so many of us have wanted for so long.

The Frida Kahlo Corporation is developing a TV drama series based on the artist’s storied life.

Acording to a report by Deadline, the Frida Kahlo Corporation is working with a media company and famed Venezuelan composer and singer Carlos Baute to produce a drama series following the life of the iconic artist.

Frida Kahlo has inspired and influenced fans around the world and has had a major impact on the Latinx diaspora, the art world, feminism and culture as a whole. So, it seems that producers are pulling out all the stops to make sure they do right by the artist.

The series is being written by Latino talent, lead by Joel Novoa and Marilú Godinez. Novoa, who has worked on Arrow, Blood and Treasure and the feature film God’s Slave is attached to direct. The partnership will create a slate of content to celebrate the life of Frida Kahlo in different genres.

“The idea is to talk about what the books don’t,” said the writing duo in a joint statement. “The subtext behind each painting, the richness of Mexico’s 20th century and the revolution. Themes that are incredibly relevant at this unprecedented time.”

Carlos Dorado of the Frida Kahlo Corporation added, “Frida Kahlo corporation is always looking for talented people who know how to exalt the life of an icon like Frida Kahlo. In this case the professional team that has been formed is distinguished by its great professionalism, experience and most importantly the sensitivity to be able to approach a project as important and transcendental as Frida Kahlo. This high professional team will always have the support of Frida Kahlo Corporation.”

So when can we expect to see a series about one of the world’s greatest artists and feminist icons?

The team expects to start production of the series during the second half of 2021. A studio has already shown interest and the presentation of the project to the market is expected to occur in February.

“We are currently developing and writing the basis of the series and expect to be ready to present the project in the upcoming weeks,” the team said in a statement.

Also, why has it taken so long?!

Should the series find a studio and distributor, this would be the first drama series focusing on Kahlo in recent history. It’s been almost twenty years since her story was told on the big screen, when Salma Hayek portrayed the icon in the 2002 film Frida. That film went on to earn six Oscar nominations, winning for Best Makeup and Best Original Score. More recently, Kahlo was voiced by Natalia Cordova-Buckley in the Oscar-winning Pixar pic Coco. 

In addition to this, in 2019 it was announced that there would be an animated film about the painter.

But fans of the iconic feminist and artist have long hoped to see a TV series depicting her larger than life personality and role in shaping the world we live in today and it looks like we may finally get what we’ve asked for.

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If You Call Yourself A Frida Kahlo Fan Then You Should Be Following These Five Artists

Culture

If You Call Yourself A Frida Kahlo Fan Then You Should Be Following These Five Artists

Bettman Archives / Getty Images

So many of us have been moved the art of the late Frida Kahlo. Even in death she’s gone on to inspire entire generations with her Surrealist self-portraits, lush depictions of plant and animal life, and magical realist tableaux. Not to mention her incredible life story.

She also inspired future generations of artists, many of whom are alive today creating beautiful works of art. These are just a few of the artists who have similar techniques, subjects, and styles to Frida Kahlo that you’ll definitely love if you’re a fan of Frida Kahlo.

Maria Fragoso – Mexico City

Credit: Teach Me Sweet Things / Theirry Goldberg Gallery

Influenced by the style and narratives of Mexican surrealists and muralists, Maria Fragoso creates work that celebrates her Mexican culture, while also addressing notions of gender expression and queer identity. Her brightly colored canvases offer voyeuristic glimpses into intimate moments, with subjects engaging in acts that seem at once seductive and mischievous—often while gazing directly out at the viewer.

Recently featured in Forbes’s “30 Under 30” in the “Art and Style” category, the 25-year-old artist is quickly rising to prominence. Born and raised in Mexico City, Fragoso moved to Baltimore in 2015 to pursue her BFA at the Maryland Institute College of Art. While in school, Fragoso was the recipient of the Ellen Battell Stoeckel Fellowship at the Yale Norfolk School of Art. Since graduating, she has completed residencies at Palazzo Monti and the Skowhegan School of Painting and Sculpture.

Nadia Waheed – Austin, Texas

Credit: Message from Janus / Mindy Solomon Gallery

Born in Saudi Arabia to Pakistani parents, Austin, Texas–based artist Nadia Waheed explores notions of relocation, displacement, and vulnerability in her work. Her life-size figurative paintings are both allegorical and autobiographical—the female figures represent her own lived experiences, as well as the multifaceted identities of all women.

Rodeo Tapaya – Philippines

Credit: Nowhere Man / A3 Art Agency

Rodel Tapaya paints dreamlike, narrative works based on myths and folklore from his native Philippines. Drawing parallels between age-old fables and current events, Tapaya reimagines mythical tales by incorporating fragments of the present. “In some way, I realize that old stories are not just metaphors. I can find connections with contemporary time,” Tapaya said in a 2017 interview with the National Gallery of Australia. “It’s like the myths are poetic narrations of the present.”

While the content of Tapaya’s work is inspired by Filipino culture, his style and literary-based practice is heavily influenced by Mexican muralists and Surrealist painters such as José Clemente Orozco, Diego Rivera, and, of course, Frida Kahlo. Often working at a large scale, Tapaya has been commissioned to create several site-specific murals, including one for Art Fair Philippines in February 2020.

Leonor Fini – Buenos Aires

Credit: Les Aveugles / Weinstein Gallery

Long overlooked in favor of male Surrealists, Leonor Fini, a contemporary of Kahlo, was a pioneering 20th-century force. Known for having lived boldly, Fini is recognized for her unconventional lifestyle, theatrical personality, and avant-garde fashion sense. Born in Buenos Aires in 1907, Fini was raised by her mother in Trieste, Italy. She taught herself to paint and first exhibited her work at the age of 17.

Fini had one of her first solo exhibitions at age 25 with a Parisian gallery directed by Christian Dior. Her work was then included in the groundbreaking exhibition “Fantastic Art, Dada and Surrealism” at MoMA in 1936, while at the same time she had her first New York exhibition with Julien Levy Gallery. Today, Fini’s work is represented in many major public collections including the Metropolitan Museum of Art in New York, Tate Modern in London, the Centre Pompidou in Paris, and the Peggy Guggenheim Collection in Venice.

Ramon Alejandro – Miami

Credit: Eternal Life / Latino Art Core

José Ramón Díaz Alejandro, better known as Ramon Alejandro, paints idyllic still lifes of tropical fruits set in ethereal landscapes. The surrealistic compositions have a similar spirit to Kahlo’s less iconic but equally masterful still-life works

Coming from a long lineage of artists, Alejandro grew up with the artworks of his great-grandfather, grandfather, and uncle adorning the walls of his childhood home. After growing up in Havana, Alejandro was sent to live in Argentina in 1960 amidst political turmoil in Cuba, and has continued to live in exile since then.

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