The Frida Kahlo Corporation, the company formed to safeguard the licensing and commercialisation of the Frida Kahlo brand worldwide, has issued legal proceedings against various online sellers in an attempt to prevent the unauthorised copying of Kahlo’s works.
The Corporation owns over 20 trade marks related to Kahlo, including her name and image. Earlier this month, it issued proceedings against online merchants who have used “fictitious names” to sell products which the Corporation argues are “virtually identical to and/or substantially similar to the Frida Kahlo works”. It further alleges that such similarities constitute trade mark infringement. The Corporation is seeking either all profits made from the alleged infringements, or $2 million “for each … use of the asserted trade marks”.
This is not the first time the Corporation has sought to protect the Frida Kahlo brand. Back in 2018 it issued a claim against Kahlo’s great-niece for alleged trade mark infringement. It is to be seen in who’s favour the court will rule.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
