Barbie Trademark Row On Use Of Frida Kahlo’s Image Gets Dismissed In US Court
Video screenshot via Mattel
A lawsuit involving the Frida Kahlo Corporation (FKC) and the famed artist’s heirs has been dismissed by a court in Florida.
The spat had started back in 2018, when the institution alleged Kahlo’s great-niece, Marina Cristina Romeo Pinedo, and her daughter, Mara de Anda Romeo, had committed trademark infringement.
This complaint was filed following the release of a Frida Kahlo Barbie Doll, which was Mattel’s way of paying homage to the artist. Kahlo’s heirs felt that the brand didn’t have the right to use her image, with a judge ruling for the production and sale of the doll to be stopped. However, Mattel said that it had gotten the go-ahead from the Frida Kahlo Corporation, “which owns all the rights.”
The matter gets muddier as Kahlo had passed away without a will. As per the laws of Mexico, her rights went to her niece, Isolda Pinedo Kahlo, who then passed it on to Pinedo in 2003.
Romeo, who will inherit the trademark from her mother, said that the corporation had not been authorized to reproduce Kahlo’s image. She also took up issues with the Barbie doll, saying it wasn’t designed with Kahlo’s usual dress sense and her iconic unibrow.
“I would have liked the doll to have traits more like Frida’s, not this doll with light-colored eyes,” she told the BBC.
According to ARTnews, Pinedo had previously been a shareholder of the FKC when it formed in 2004. The company had plans to license Kahlo’s image worldwide.
It now claims the heirs have transgressed the original agreement by coming up with their own site “expressly offering goods and services using the trademark Frida Kahlo, a trademark that is identical to Plaintiff’s FKC Trademarks.” It also feels that pair’s statements regarding certain branding choices were defamatory.
However, it seems this ongoing dispute won’t be solved in the United States. Judge Robert N Scola Jr said that “Florida’s interest in this dispute is minimal,” considering both defendants live in Mexico City.
It’s likely that the spat will carry on in Mexico and Panama, where lawsuits have already been filed between the two sides.
[via ARTnews, cover image via Mattel]
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