While Hermès may have triumphed over MetaBirkins in a recent landmark lawsuit, another luxury fashion house could be on the wrong end of intellectual property. The Joan Mitchell Foundation has accused Louis Vuitton of reproducing at least three of the artist’s works without permission.
According to the foundation, which oversees Mitchell’s archive, paintings by the Abstract Expressionist were spotted in one of the brand’s advertising campaigns featuring actress Léa Seydoux.
As such, it elected to send a cease-and-desist letter to the French label, demanding the company stop the rollout of the campaign, as well as provide a full account of where the advertisements had appeared and an apology for unlawfully using the art pieces.
Christa Blatchford, the foundation’s Executive Director, told ARTnews the brand had previously reached out in an attempt to license all of the artist’s artworks but was repeatedly turned down as the images adhere to a strict rule of only being used for educational purposes.
In fact, LVMH Chief Executive Bernard Arnault allegedly offered the foundation a donation in exchange for the right to use the paintings in advertisements but was ultimately rejected. Despite this, it appears Louis Vuitton chose to go ahead with the campaign.
“It’s a grave disappointment to the Joan Mitchell Foundation that #LouisVuitton has such disregard for the rights of an artist and would exploit her work for financial gain. A foundation had repeatedly denied requests to use her paintings; it appears the #LV did so anyway” pic.twitter.com/WfLrKa6aDt
As per theNew York Times, images of Seydoux posing in front of abstract artworks, including the 1983 La Grande Vallée XIV (For a Little While), surfaced online and in newspapers worldwide. The label may have conducted the photo shoot during an exhibition of the artist’s pieces.
Most notably, the paintings—which featured the brand’s Capucines handbags that cost up to US$10,500—were cropped in the images used for the advertisements without any credit given to Mitchell or the foundation.
“As an artist-endowed foundation dedicated to stewarding Mitchell’s work and legacy, JMF carefully manages how images of the artist’s work are used in accordance with its mission,” wrote the foundation in a statement.
The foundation that represents the painter Joan Mitchell has challenged the use of her artwork in ads for Louis Vuitton handbags, suggesting the company used it without the organization’s permission. https://t.co/D2RN3iRZ32
“It is agrave disappointment to JMF that Louis Vuitton has such disregard for the rights of an artist and would exploit her work for financial gain. If Louis Vuitton does not promptly halt this campaign and cease the illegal use of Mitchell’s artworks, JMF will promptly take further legal action to address this matter,” it added.
This isn’t the first time the famed brand has landed in hot water with regard to intellectual property, with the label made to pay over €800,000 (US$852,000) to an independent artist that first designed a handbag clasp.