Guidelines for Artists Referring to Frida Kahlo in Listing their Artwork
for Sale and Shipment in the United States of America
The use of any trademark owned by the Frida Kahlo Corporation without prior consent from the Frida Kahlo Corporation may constitute trademark infringement, false advertising, cybersquatting, unfair competition or other violations of federal and state laws. Only the Frida Kahlo Corporation and its affiliates and authorized licensees may use the Frida Kahlo Corporation’s trademarks, logo, and copyrights as specified in their respective license agreements.
The Guidelines set forth below are intended to clarify in general terms how artists may sell and ship products or services in the United States depicting Frida Kahlo while minimizing the possibility of infringing the Frida Kahlo Corporation’s intellectual property rights. Nothing stated herein is intended to be legal advice. These Guidelines are intended for “artists” that depict Frida Kahlo in their artwork and use “Frida Kahlo” in their listing on an internet platform for artwork sold and shipped in the United States. An “artist” is a person who creates art (such as painting, sculpture, music, or writing) using conscious skill and creative imagination. (https://www.merriam-webster.com/dictionary/artist).
The Guidelines are only suggestions and may be modified from time to time. The Frida Kahlo Corporation reserves all rights to enforce its intellectual property rights on a case by case basis. The Guidelines do not constitute any agreement, any contractual obligation or any grant of rights to use Frida Kahlo Corporation’s intellectual property. Further, the Guidelines are not intended to constitute legal advice.
The best approach to minimize the potential of infringing Frida Kahlo Corporation’s trademarks is for an artist to consult with an intellectual property attorney to verify that the use of the Frida Kahlo name in connection with his or her product (i) is not likely to confuse consumers as to the source of such product and (ii) is not likely to confuse consumers that such product is endorsed by or affiliated with the Frida Kahlo Corporation. The artist should also review and understand the intellectual property policy of the platform that the artist chooses to sell his or her products. An attorney can assist the artist with reviewing such policies. The Frida Kahlo Corporation is not affiliated with and does not have any authority to instruct, direct or otherwise control any platform.
Guidelines for Artists Listing Products Depicting Frida Kahlo for Sale and Shipping within the United States of America
An artist’s listing of a product for sale and shipment into the United States using “Frida Kahlo” will likely not be considered infringing by Frida Kahlo Corporation so long as such use meets all of the following five requirements:
- The product in question must be not readily identifiable without using the term Frida Kahlo. For example, “Portrait of Frida Kahlo.”
- All the words in the artist’s listing are given equal dignity (for example, all words should have the same font and size as the name “Frida Kahlo”).
- The description does not make use of the Frida Kahlo Corporation’s logo or font style in any way that is confusingly similar to the Frida Kahlo Corporation’s stylized trademarks.
- A disclaimer is included in the description, (see disclaimer below) and
- Such use is not trademark use (see examples below).
By way of example only, and not intended to grant a right to use Frida Kahlo Corporation’s intellectual property, the following uses followed by the disclaimer below would likely not be considered infringing (by Frida Kahlo Corporation) in a listing by an artist of a product to be sold and shipped in the United States of America, as long as the five requirements above are also met:
- Frida Kahlo Inspired [Item], or Frida Inspired [Item]
- [Artist Name] [Item], an image of Frida Kahlo
- [Artist Name] [Item] artwork showing Frida Kahlo
“This Item is not an authorized or licensed product of the Frida Kahlo Corporation, and there is no business relationship between the seller and the Frida Kahlo Corporation. The Frida Kahlo Corporation has not endorsed, sponsored, or authorized its sale.”
Non-Exhaustive List of Examples of Unauthorized Use
Any use of the term “Frida Kahlo” that is not depicting the artist Frida Kahlo, as identified by her unique features, will be considered unauthorized use of Frida Kahlo Corporation’s trademark. Such products are readily identifiable without using the term Frida Kahlo.
Frida Kahlo Corporation’s trademarks in domain names will be considered unauthorized use of Frida Kahlo Corporation’s trademarks.
Use of Frida Kahlo Corporation’s logos or trademarks in the title or otherwise on the cover of books or other publications without prior written permission of the Frida Kahlo Corporation will be considered unauthorized use of Frida Kahlo’s intellectual property.
Use of any Frida Kahlo Corporation trademark, logo, copyright or other intellectual property in connection with the promotion, sales or shipment into other countries without the Frida Kahlo Corporation’s written authorization will be considered unauthorized use of Frida Kahlo Corporation’s intellectual property. In the United States, any trademark use of any of Frida Kahlo Corporation’s trademarks or any violations of Copyright law will be considered unauthorized use of Frida Kahlo’s intellectual property.
Please contact our trademarks team at firstname.lastname@example.org if you want to request information relating to licensing the Frida Kahlo Corporation trademark, logo or any copyrighted material.
The information above is intended for use within the United States of America. Trademark and Copyrights use outside the United States vary from country to country.
If the Artist, receives a notification because his or her content is claimed to infringe a trademark or copyright of the Frida Kahlo Corporation and believes in good faith that such content is not infringing, please send a counter-notification to the agent or the company that you received the notification in accordance with the counter-notification process of the agent or company.
For further information for the United States Artist’s listings or to send trademark and copyright infringement complaints, please send an email to: IP@fridakahlocorporation.com
IMPORTANT NOTE: Nothing herein shall be interpreted to allow any third-party to claim association with the Frida Kahlo Corporation or any of its projects or to imply any approval or support by the Frida Kahlo Corporation for any third-party products or services.
Frida Kahlo Corporation’s trademark and registered trademarks are the property of the Frida Kahlo Corporation. All rights reserved. Copyright © 2005-2021 Frida Kahlo Corporation (or its affiliates).