Frida Kahlo brand paints ancestor as TM infringer
A brand associated with famous painter Frida Kahlo has accused one of the artist’s ancestors of trademark infringement and cybersquatting.
The lawsuit was filed at the US District Court for the Southern District of Florida on Monday, May 7.
Iconic Mexican artist Frida Kahlo, who passed away in 1954, is celebrated internationally for her painted portraits which reflect Mexican traditions, social change, and female experience.
According to the claim, Panama-based Frida Kahlo Corporation was formed in 2004 because Mexico-based Mara Cristina Romeo Pinedo, an ancestor of Kahlo, wanted to start commercialising the Frida Kahlo brand.
Companies such as Converse and Mattel have collaborated with Frida Kahlo Corporation, with the suit claiming that the brand is regarded as a “notorious” and “famous” trademark.
The claim said Pinedo became “disaffected” with the company in 2011 and sought to “undermine the validity” of the marks owned by the Frida Kahlo brand by “attacking the legitimacy” of those rights.
Frida Kahlo Corporation claimed it owns all rights to the ‘Frida Kahlo’ trademarks and brand—which it licenses to other companies—as the IP rights associated with Frida Kahlo were transferred to the company by Pinedo’s mother and also by Pinedo herself as power of attorney.
The Frida Kahlo brand alleged that the defendant and her daughter have published “false and slanderous” information online and in the news claiming that Frida Kahlo Corporation does not own the rights that it licenses.
They also “falsely appropriated” the domain www.fkahlo.com to fraudulently offer licences, products, and services under the Frida Kahlo brand, the company said. It added that the platform is a “counterfeit website in that it is made to appear as if it is the legitimate trademark owner” of the ‘Frida Kahlo’ marks.
Frida Kahlo Corporation also accused Pinedo of tortious interference with its business relationship with toy maker Mattel, by timing the publication of a “disparaging” social media attack to coincide with the partnership announcement of the company and Mattel.
Last month a judge in Mexico reportedly blocked the commercialisation of a doll at the centre of the agreement between Mattel and Frida Kahlo Corporation following Pinedo’s allegations that the company does not own the rights to the ‘Frida Kahlo’ trademarks, according to Pinedo’s Twitter post.
The suit accused Pinedo of trademark infringement, false designation of origin, unfair competition, commercial defamation, cybersquatting, and tortious interference with a business relationship.
Frida Kahlo Corporation has asked the court to enjoin Pinedo from making further false statements; order the surrender of the domain; order the surrender of her social media accounts; and temporarily and permanently enjoin Pinedo and her affiliates from publishing defamatory statements.
The Frida Kahlo brand is also seeking compensatory damages, disgorgement of profits, and the award of attorneys’ fees.
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