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.”

Someone Claims That They Discovered A Long-Lost Frida Kahlo Painting But Experts Don’t Agree

Things That Matter

Someone Claims That They Discovered A Long-Lost Frida Kahlo Painting But Experts Don’t Agree

Frida Kahlo - La Mesa Herida - The wounded Table - Der verwundete Tisch / YouTube

Frida Kahlo is one of the most iconic artists in global history. The Mexican artist was known for blazing her own path both in art and in society. One of her most famous paintings “The Wounded Table” has been missing for 65 years but one art dealer claims he found it.

A Spanish art dealer claims to have found a long-lost Frida Kahlo painting.

Kahlo painted “The Wounded Table” in 1940 and over the years it disappeared. It is unknown if it was returned to Moscow, was lost, or destroyed. All that is known is that Kahlo’s largest painting to that date is gone.

Cristian López Márquez, a little known art dealer in Spain, claims to have found the long-lost and highly sought after painting. According to La Voz de Galicia, the art dealers claims to have acquired the painting from some who settled in Spain from Mexico.

The painting is one of Kahlo’s most famous works of art.

The decades-long mystery about where the painting ended up does add to the allure of the claim. However, people are not convinced that the painting is a fake that is being peddled by someone who is after money by selling an inauthentic painting. To make matters more skeptical, the art dealer has very few details but is adamant about its authenticity.

“Time will give us the truth,” Márquez told AP. “Whoever proves genuine interest and the ability to pay the figure of 40 million euros, can spend as much time as wanted with their experts analyzing the work.”

Despite Márquez’s claims, art historians are very skeptical that the painting is true.

Márquez claims to have the painting safe in a warehouse in London. He has put the painting on sale asking for $45 million. No one seems to be biting but Márquez continues to say the painting is an original.

READ: Frida Kahlo’s Casa Azul Is Celebrating Her 113th Birthday With A Week Full Of Digital Events

The Band Lady A Filed A Lawsuit Against Black Singer Who Used ‘Lady A’ Before Them After They Realized ‘Antebellum’ Was Racist

Entertainment

The Band Lady A Filed A Lawsuit Against Black Singer Who Used ‘Lady A’ Before Them After They Realized ‘Antebellum’ Was Racist

Terry Wyatt / Getty

In early July, the American country music group formerly known as Lady Antebellum announced that they would be dropping the name Antebellum as a response to the ongoing Black Lives Matter movement. They said the change was meant to also be a step towards bringing about inclusivity.

Now they’re being ridiculed for disrupting another Black woman’s art.

Now, as Lady A, the country music band has filed a lawsuit against a Black singer who has performed as Lady A for years.

On Wednesday, the Grammy-winning group raised the brows of many after expressing these sentiments when it was revealed that they had filed a lawsuit in federal court after negotiations with Anita White broke down. According to the Hollywood Reporter, “the band is seeking a ruling that their use of the trademark ‘Lady A’ does not infringe on White’s alleged trademark rights of the same name. The band is not seeking monetary damages.”

The group whose line up includes Hillary Scott, Charles Kelley, and Dave Haywood said last month that they regretted not having taken into consideration how the word antebellum relates to slavery.

White, who has performed as Lady A, complained publicly that the band never reached out to her before making the name change. White is a singer of blues and soul music for years.

The day after the band’s announcement, White who lives in Seattle, told Rolling Stone that she felt blindsided by the news. “This is my life. Lady A is my brand, I’ve used it for over 20 years, and I’m proud of what I’ve done… They’re using the name because of a Black Lives Matter incident that, for them, is just a moment in time… It shouldn’t have taken George Floyd to die for them to realize that their name had a slave reference to it.”

According to the lawsuit, the band applied for trademarks for the name “Lady A” back in 2010.

The lawsuits says that the trademark, had been submitted for the use of entertainment services and for use on clothing and no oppositions were filed by any person or entity.

“Today we are sad to share that our sincere hope to join together with Anita White in unity and common purpose has ended,” the group said in a statement. “She and her team have demanded a $10 million payment, so reluctantly we have come to the conclusion that we need to ask a court to affirm our right to continue to use the name Lady A, a trademark we have held for many years.”

According to Billboard, the band isn’t asking for money in the suit, only a court declaration that they can lawfully use the Lady A trademark as well as that its use of the trademark does not infringe on any rights White may have under state or federal law.