Who Owns Frida Kahlo's Legacy? The Dispute Over Her Trademark Could Impact Other Artists.

Many Frida Kahlo fans who want to grant nan artist, drawn by her unbreakable tone and her unsocial measurement to represent her pain connected nan canvas, sojourn exhibitions of her activity aliases acquisition posters and different items featuring her art. But successful doing so, they whitethorn not beryllium respecting her bequest aliases wishes, her relatives say.

A ineligible conflict complete really her trademarks can beryllium used is earlier a Florida appeals tribunal this summertime and could group precedents that impact different artists.

On 1 broadside of nan dispute, which has been going connected for years, are relatives of nan celebrated Mexican artist; connected nan different is the U.S.-based Frida Kahlo Corporation (KFC), which has agelong owned nan trademark authorities for definite Kahlo-themed products sold successful nan United States.

In nan mediate is nan public, said William Scott Goldman, a lawyer specializing successful branding, "the people interested successful seeing an accumulation aliases owning pieces that reference an creator who has been beloved by generations."

These ineligible disputes create disorder and tin airs a situation to consumers, Goldman said, arsenic group whitethorn person purchased a merchandise reasoning it represented nan artist's imagination accurately but are past faced pinch doubts astir whether that's nan case.

The root of nan disagreement

The conflict has been dragging connected since 2018. That year, Kahlo’s grandniece, Mara Cristina Teresa Romeo Pinedo — who was granted powerfulness of lawyer complete nan precocious artist's spot authorities successful 2003 — complained that FKC had granted Mattel nan authorities to make a Frida-inspired Barbie.

Romeo Pinedo based on that Kahlo would not person wanted to beryllium represented pinch a doll that conceals her iconic unibrow. Mattel based on that it did get support to nutrient nan doll done nan FKC and that it worked pinch them legally during development.

In nan end, arsenic a consequence of nan lawsuit, nan “Frida Barbie” was not sold successful Mexico, though it was sold successful different countries. Romeo Pinedo past attempted to terminate nan 2005 statement that had initially allowed FKC to marketplace immoderate of its products successful nan United States, specified arsenic T-shirts, cellphone cases and tequila.

Mara De Anda Romeo and Mara Romeo Kahlo during a 2005 Frida Kahlo Tequila Launch.Amy Tierney / WireImage / Getty Images file

But nan corporation, which insists it has nan authorities to marketplace merchandise related to nan creator successful the U.S., has continued to travel up pinch much products and events, including an immersive exhibition featuring photographs of nan creator and immoderate of her creations, which was to see a gift shop featuring Kahlo-inspired items.

Romeo Pinedo attempted to extremity nan accumulation — which was scheduled to beryllium held successful cities for illustration Miami — by submitting successful 2022 a missive of withdrawal successful which she said nan uses of Kahlo’s image should beryllium wished by her family.

Frida Kahlo Corp. sued, alleging that nan family is interfering pinch its business activities, according to ineligible documents seen by Noticias Telemundo.

“As nan plaintiffs are nan ones who obtained nan copyright licenses to usage Frida Kahlo’s images successful nan exhibit, this institution asserts that nan defendants do not person the correct to publicity of Kahlo’s sanction aliases image successful nan U.S.,” nan corp states successful 1 of nan related documents.

The Florida appeals tribunal must now find whether nan lawsuit brought by FKC tin proceed, taking into relationship that Romeo Pinedo is simply a Mexican national and truthful not needfully taxable to U.S. jurisdiction.

Who are nan ‘legitimate owners’?

“At nan bosom of nan conflict is who nan existent aliases morganatic owners of nan Frida Kahlo trademark are worldwide,” Joanna Andrade Lehmann, a elder lawyer astatine EPGD Law representing Romeo Pinedo successful nan case, told Noticias Telemundo.

“The family maintains that if you’re going to commercialize Frida Kahlo’s image, it has to beryllium successful statement pinch what she stood for and nan values ​​she defended,” he said.

"In my opinion, this will people a turning constituent not only for our client, but for different artists aliases descendants of artists who are successful akin situations,” nan lawyer said.

The 'Inspiring Women Series' Barbie Signature Doll of Frida astatine a 2019 grounds successful Paris, France. As a consequence of a suit by her descendants, nan “Frida Barbie” was not sold successful Mexico. Kristy Sparow / Getty Images file

She said that if nan Florida tribunal decides it tin enactment connected jurisdiction, and perchance norm against Romeo Pinedo, past it will beryllium “a precautionary measurement for others” extracurricular nan U.S. that their trademark could beryllium taxable to nan preferences of an American company.

“They person to return this arsenic a precautionary measurement and beryllium much observant erstwhile doing business successful nan United States because, well, they whitethorn beryllium submitting to U.S. jurisdiction without knowing it,” said Andrade Lehmann.

Noticias Telemundo attempted to interaction nan rule firms representing Frida Kahlo Corp. but received nary response. However, successful a May hearing, nan company’s ineligible squad based on that nan Florida appeals tribunal should beryllium capable to norm connected nan business because nan withdrawal missive sent successful 2022 was received connected U.S. soil.

For Goldman, nan lawyer who's an master successful branding, nan business is absorbing because it raises a question: Today, erstwhile truthful galore products from aliases related to artists are commercialized and galore companies waste items that are not needfully authorized by those artists aliases their families, what should beryllium done?

“It’s for illustration nan statement astir creation versus commerce aliases nan market, astir nan tensions that tin beryllium betwixt nan advertizing and intelligence spot interests of corporations versus what definite individuals desire,” Goldman said.

“And if related trademarks are being challenged, it becomes moreover much complicated,” he added.

Because nan normal intent of a trademark is “to service arsenic a people of value and guarantee that it is not diluted,” said Goldman, if location are disputes complete which people should beryllium used, counterfeit products whitethorn proliferate.

For now, nan rumor of who owns nan authorities to Kahlo’s bequest remains, pending a determination by nan appeals tribunal connected whether FKC’s suit tin proceed, moreover though Kahlo's grandniece is not successful nan U.S. arsenic a taxable of its laws.

“Let’s dream there’s nary jurisdiction, but if location is, it’s thing that will person to beryllium taken into account” for different world artists who want to marketplace products aliases their image successful nan United States, Andrade Lehmann, nan lawyer representing Romeo Pinedo, said.

“It would go imaginable for a tribunal successful nan United States to determine who owns nan trademark,” she said. And “not each artists aliases artists’ heirs tin spend to carnivore nan costs of nan section ineligible system” capable to conflict nan business for illustration Romeo Pinedo, she pointed out.

There is nary deadline for a ruling, which nan lawyer said could consequence successful nan full lawsuit being dismissed aliases successful further hearings being requested to talk different imaginable outcomes.

An earlier type of this communicative was first published successful Noticias Telemundo.