McDonald’s embroiled in copyright claim with late artist’s family
Fast-food chain McDonald’s has been slapped with a copyright infringement lawsuit by the estate of late artist Dash Snow.
Snow, who was a contemporary artist, died in 2009. His work has been exhibited in a number of museums and galleries around the world.
His graffiti artwork is being used as décor in hundreds of McDonald’s restaurants, according to Jade Berreau, the mother of Snow’s only child, on behalf of Snow’s estate.
The suit, filed at the US District Court for the Central District of California, Western Division, on Monday, October 3, also claimed that the fast-food chain is using Snow’s name and signature “in a manner suggesting that Snow created all of the surrounding artwork”.
“Indeed, defendants singled out and spotlighted the display panels featuring Snow’s artwork. Not only is Snow’s artwork the largest and most prominent element on display, but it is also the only element ‘created’ by a famous artist,” said the lawsuit.
Berreau also alleged that Snow was mentioned by name in at least one press article under the false assumption that he had authorised the use of his artwork and “was therefore affiliated with and endorsed by McDonald’s”.
According to the suit, Snow’s family demanded that the fast-food chain remove the artwork as soon as they discovered it in June this year. Despite the demand, McDonald’s has “arrogantly refused to comply”.
“Defendants’ exploitation of Snow’s work is all the more unfortunate because the artist carefully avoided any association with corporate culture and mass-market consumerism,” said the suit.
It claimed that the use of Snow’s name, signature and artwork in “several hundred McDonald’s stores worldwide” has “irreparably tarnished” Snow’s reputation and legacy, “diminishing the value of his works”.
The estate is seeking injunctive relief, disgorgement of all proceeds, punitive damages, costs, attorneys’ fees and expenses.
Jeffrey Gluck, attorney at Gluck Law Firm and representative of Berreau, said: "Dash Snow's family brings this lawsuit against McDonald’s in order to preserve and protect his legacy."
