David Bowie shoes don’t infringe estate’s TMs, says art magazine
Images of David Bowie used on footwear doesn’t infringe trademarks owned by the musician’s estate, a company has claimed in a lawsuit.
In the suit filed at the US District Court for the Southern District of New York on Tuesday, August 18, “ As If Magazine” (AIM) argued that its shoe line featured images owned by music photographer, Mick Rock.
The filing further stated that the shoe line does not include the names of Bowie or his Ziggy Stardust character, and that Bowie’s rights of publicity do not extend beyond his death in 2016.
Mick Rock collaborated with the art magazine to create and market a limited edition shoeline “ Mick Rock Kicks” using some of his iconic photographs of David Bowie, and displaying them on sneakers as wearable works of art.
According to the suit, the shoe line was based on three photographs “taken – and, on information and belief, owned – by Mick Rock”.
After the magazine publicised the launch of the shoe line, Jones/Tintoretto Entertainment Company (JTEC), which claims ownership of David Bowie-related trademarks in the US and internationally, sent AIM a cease-and-desist letter on July 31. The company claimed that this line of artistic footwear infringed on its trademarks, and that AIM infringed unspecified “extensions of [Bowie’s] persona and image”.
In response, AIM claimed that it assured JTEC that the “David Bowie” name did not appear in any way on the shoes or their packaging, and that any references to Bowie or his songs would be removed from any advertising and promotional materials.
AIM also advised JTEC that a prominent disclaimer would be added to the website page where consumers could order the shoes, stating that the products were not endorsed by the estate of David Bowie or any of its affiliates, including JTEC.
However, JTEC remained unsatisfied by AIM’s marketing changes and continued to demand a halt to all marketing and sales of the shoes, along with a related book of Mick Rock’s photographs, which includes shots of Bowie. JTEC has alleged that, as a result of AIM’s actions, consumers are likely to be confused into believing that the products “are endorsed by or affiliated with Mr Bowie or the Bowie Estate”.
The company has asserted that AIM is engaging in acts of trademark infringement and unfair competition, and has threatened legal action against AIM if the works continue to be sold. AIM is seeking a declaration that it is not infringing JTEC’s alleged trademark rights so that it will be free to collaborate with Mick Rock “to use his own photographs in the limited edition of shoes and the accompanying book of styled photographs”.
AIM has also held that “there is no valid basis for JTEC’s continued objections” and that its demands “would have a profound financial impact” on the company.
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