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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A Mexican Artist Is Making Pancake Art That’s Too Beautiful To Eat

Culture

A Mexican Artist Is Making Pancake Art That’s Too Beautiful To Eat

Social media is where people can show off just about anything they create. This includes art in any and all media, like pancake art. Claudia, the creator behind Nappan Pancake art, is the latest artist watching their art reach the masses.

Claudia, the artist behind Nappan Pancake art, got her start because of the pandemic.

The artist first started to play around with pancake art last spring break when the pandemic forced businesses and schools to close. Claudia wanted to get more creative with her kids’ breakfasts since they were now always at home.

“I started experimenting with making Pancake art,” Claudia recalls to mitú. “At first I only used the color of the natural dough and a little cocoa. At first, I just used the ketchup dispensers and little by little I learned.”

Claudia uses her pancake art to honor some truly iconic people.

@nappancakes

Responder a @detodoun_poco233 Cepillín ✨🥞✨ en nuestros ♥️ #parati #fy #HijosAdopTiktoks #adoptiktoks #viral #foryou @cepillintv #pancakeart ncakeart

♬ La Feria de Cepillin – Cepillín

Cepillín recently died and the loss was felt throughout the community. He made our lives joyous and fun with his music, especially his birthday song. Some of the creations are done for fans who request to see their faves turned into delicious pancake art.

The artist loves creating the edible works of art.

The journey of becoming a pancake artist has been a fun adventure for Claudia and her children. The more she has practiced, the more she has been able to do.

“Sometimes I scream with excitement and I go to all the members of my house to see it,” Claudia says about her successes. “Other times it’s just a feeling like “disappointment could be better” other times it just breaks or burns and then I just cry but it usually feels very satisfying.”

You can check out all of her creations on TikTok.

@nappancakes

Responder a @reyna100804santoyo siii🥞✨ díganle que me adopte 🥺 @ederbez #adoptiktoks #hijosadoptiktoks #parati #foryou #viral #fy #art #pancakeart

♬ Little Bitty Pretty One – Thurston Harris

With 350,000 followers and growing, it won’t be long until more people start to fully enjoy Claudia’s art. Her children can’t get enough of it and she is so excited to share it with the rest of the world.

READ: Spicy Food Lovers Have Reason To Celebrate As New Study Says Eating Chilies Could Be Secret To Longevity

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Latinos You May Not Have Known Were Jewish

Fierce

Latinos You May Not Have Known Were Jewish

Photo via Getty Images

Although Roman Catholicism is the dominant religion in most Latin American countries, we all know by now that Latino culture is not a monolith. In fact, Latinidad comes in all shapes and forms, and it’s a total misconception that all Latinos are Catholics. Latinos follow a variety of religions, from Islam to Buddhism to Judaism. And while most people don’t think of Judaism when they think of Latin America, there is, in fact, a small but proud population of Jewish peoples living throughout Latinidad.

Although the Jewish population in Latin America is relatively small (only an estimated 300,000), Jewish Latinos keep their culture alive through tradition and a strong sense of community. The largest Jewish community resides in Argentina, which is considered to be the “center of the Jewish population in Latin America”. With this in mind, we’ve compiled a list of famous and influential Jewish Latinos who have made their unique mark on the world. Take a look below!

1. Frida Kahlo

via Getty Images

Frida Kahlo was both proud and vocal of her Jewish ancestry at a time when Anti-Semitism was at its height in Mexico. According to Kahlo, her father, Guillermo Kahlo, was a Hungarian-Jew who immigrated to Mexico. In fact, many of Frida’s work have been displayed at Jewish art exhibits.

2. Monica Lewinsky

via Getty Images

Monica Lewinsky’s father is El Salvadoran–born to Jewish-German immigrants who fled Germany during WWII to escape persecution from the Nazi regime.

3. Daniel Bucatinsky

via Getty Images

Beloved “Scandal” actor Daniel Bucatinsky was born in New York City to Argentine-Jewish parents. Bucatinsky has been candid about how his “roots” are in Argentina and how he speaks Spanish fluently. You can even catch him speaking Spanish to his fans on Twitter.

4. Sammy Davis Jr.

via Getty Images

One of the most talented and charismatic performers of the infamous “Rat Pack”, Sammy Davis Jr. was a Latino born to an Afro-Cuban mother. Citing a strong connection to the Jewish faith due to its people’s history of oppression, Davis Jr. converted to Judaism in 1961 and remained devout until his death.

5. William Levy

via Getty Images

Cuban actor and all-around heartthrob William Levy was born in Cojimar to a single mother, Barbara Levy of Jewish descent. At the reported urging of his friends, he converted to Catholicism in 2009

6. Diego Rivera

via Getty Images

Celebrated artist and husband to the venerable Frida Kahlo, Mexican painter Diego Rivera was descended from a Portuguese-Jewish family. Of his roots, Rivera said: “My Jewishness is the dominant element in my life. From this has come my sympathy with the downtrodden masses which motivates all my work”.

7. David Blaine

via Getty Images

Born to a Puerto Rican father and a mother of Russian-Jewish descent, famed magician and illusionist David Blaine is of both Jewish and Latino heritage.

8. Geraldo Rivera

via Getty Images

Journalist and television personality Geraldo Rivera was born to a Puerto Rican father and a mother of Russian-Jewish descent. He was raised “mostly Jewish” and had a Bar Mitzvah ceremony. Rivera affectionately describes himself as “Jew-Rican”.

9. Bruno Mars

via Getty Images

Bruno Mars was born in Hawaii to a father of mixed Puerto Rican and Ashkenazi Jewish descent, while his mother is Filipino. Mars has referred to his ethnicity as existing in a “gray zone” of neither black nor white. Of his ethnicity, Mars has said: “I hope people of color can look at me, and they know that everything they’re going through, I went through. I promise you.”

10. Sara Paxton

via Getty Images

Sara Paxton was born to Lucia Menchaca Zuckerman and Steve Paxton in Los Angeles. Paxton’s mother was originally from Ciudad Acuña, Mexico, where she was raised in a Jewish family. Paxton’s father has since converted to Judaism.

11. Cecilia Roth

via Getty Images

Acclaimed Argentine actress and “muse” of Pedro Almodóvar, Cecilia Roth was born to parents Abrasha Rotenberg and Dina Gutkin in Buenos Aires. Like many European Jews in the 1930s, Roth’s father fled Europe to escape the rising tide of anti-Antisemitism.

12. Eduardo Saverin

via Getty Images

Facebook co-founder, tech entrepreneur and multi-billionaire Eduardo Luiz Saverin was born in São Paulo, Brazil to a wealthy Jewish family. In 1993, the Saverin family immigrated to Miami. Interestingly enough, he was portrayed by the British actor Andrew Garfield in the acclaimed movie “The Social Network”.

13. Jamie-Lynn Sigler

via Getty Images

Known for her role as the spoiled daughter Meadow on “The Sopranos”, Jamie-Lynn Sigler was born to a Cuban mother and a Jewish father. Sigler’s mother converted to Judaism upon marrying Sigler’s father. Sigler has revealed that being raised Jewish, she both attended Hebrew school and had a bat mitzvah.

14. Joaquin Phoenix

via Getty Images

Joaquin Phoenix was born in Puerto Rico to a Jewish mother and a (lapsed) Catholic father. At the time, his parents were acting as missionaries for the cult “Children of God”. Phoenix’s father currently lives in Costa Rica. Of his Latino roots, Phoenix says, “I do like Spanish culture…I like to practice my Spanish when I am working with any actor who speaks Spanish or with members of the crew”.

15. Don Francisco

via Getty Images

Cultural stalwart and host of Univision’s “Sábado Gigante”, Don Francisco was born in Chile to German-Jewish immigrants who fled their home country to escape the Nazi regime.

16. Gabe Saporta

via Getty Images

Cobra Starship lead singer Gabe Saporta was born in Uruguay to a Jewish family. Like many of the entries on this list, Saporta’s grandparents fled Europe during the WWII era to escape anti-antisemitism. His Instagram bio currently reads “I was a terror since the hebrew school era” and he frequently interacts with fans on the account in Spanish.

17. Joanna Hausmann

via johaus/Instagram

Joanna Hausmann is Venezuelan-American comedian, Youtuber, and TV personality. Hausmann is the daughter of Venezuelan intellectual and Harvard professor Ricardo Hausmann and CNN en Español host, Ana Julia Jatar. Hausmann has a series of videos called “Joanna Rants” on Flama where she covers a variety of issues affecting Latindad–from differences in accents to cultural stereotyping.

18. Kayla Maisonet

via kaymais/Instagram

Known for playing the sporty sister in Disney Channel’s “Stuck in the Middle”, Kayla Masionet is a biracial actress of Puerto Rican and Russian-Jewish descent. On dealing with criticism in the industry, Maisonet has revealed that she chooses to embrace what makes her different as opposed to “conform[ing] to what people say I should do”.

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