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21 February 2019Copyright

Street artists sue Aldo over Instagram posts

Three street artists are suing Canadian footwear company  Aldo for copyright and trademark infringement over the use of their work in promotional photos.

Curtis Kulig, and duo  DabsMyla, filed separate lawsuits in the US District Court for the Central District of California on February 15.

According to the complaints, Aldo posted promotional material on its social media accounts featuring murals by the artists in the background. The artists said their work was used to advertise Aldo’s products without their “knowledge, authorisation, or consent”.

Kulig’s complaint cited a photo Aldo posted to its  Instagram account of a model posing in front of his mural on the wall of Smashbox Studio’s office in Culver City, California. The mural is “widely recognised as originating with” Curtis owing to his fame and reputation, the filing said.

The street artist also filed for trademark infringement, citing a registered mark for his ‘Love’ signature (US number 4862780), which features in the mural. The mark covers class 18, including handbags, tote bags and backpacks.

DabsMyla, composed of husband and wife Darren and Emmanuel Mate, cited another photo on Aldo’s Instagram featuring a model in front of the duo’s hundred-foot-long mural outside a furniture shop in Hollywood. The models posed with Aldo products including shoes and handbags.

All of the posts have now been removed from Aldo’s social media accounts.

The artists are seeking injunctive relief preventing any further unauthorised use of their work, as well as punitive damages for the “wilful” infringement.

TBO has contacted Aldo and representatives for Curtis Kulig and DabsMyla for comment.

This story was first published on TBO.

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