Frida Kahlo Corporation files trademark infringement lawsuit

Frida Kahlo Corporation (FKC) once again opposes the unauthorized commercialization of the artist’s image. On March 4, the company filed two lawsuits in Illinois District Court, alleging that a group of online sellers are counterfeiting its trademarks by selling Frida Kahlo products.

In damages, FKC sought all associated profits or $2 million for each trademark infringement.

The company alleges in its lawsuit that the network of online merchants operated under “fictitious names,” selling products on Amazon and other platforms, obtaining products from a “common source” and working together to avoid legal scrutiny. Their apparently independent stores share “unique identifiers,” FKC said, suggesting the sellers are “an interconnected group of counterfeiters working in active collaboration.”

The statement also alleges that the individuals "communicate with each other and regularly participate in chat rooms and online forums discussing multi-account tactics, evading detection, ongoing litigation and potential new lawsuits."

Frida Kahlo Corporation was founded in 2004 by Kahlo’s niece and heiress Isolde Pinedo Kahlo, Isolde’s daughter Maria Cristina Romeo Pinedo and Venezuelan businessman Carlos Dorado for the purpose of commercializing and licensing the "Frida Kahlo brand". In an ongoing battle to control the iconic Mexican artist’s image, the company has trademarked several aspects of her personality, including her name and likeness.

However, Kahlo’s artistic and political legacy as an ardent anti-capitalist has often complicated FKC’s commercial efforts, as noted by Dave Byrnes at Courthouse News, which first reported the latest lawsuit. In 2019, folk artist Christine Melo filed a federal lawsuit against FKC in California, hoping to stop the company’s efforts to stop her from selling her Kahlo-inspired paintings online.

Melo accused Dorado of using his business acumen to "deceive" the Kahlo family into giving him control of Frida Kahlo’s legacy, and argued that Frida Kahlo herself "was known for supporting the arts and crafts of local artists" in within the framework of their strict political convictions.

Another folk artist, Nina Shoup, filed a similar federal lawsuit in Colorado, hoping to protect her handmade Frida Kahlo dolls from the corporation that supported the release of the Frida Kahlo Barbie doll, made in partnership with Mattel.

Melo and Shoup voluntarily withdrew their lawsuits after reaching a settlement with FKC.

The Frida Kahlo Barbie doll itself became the subject of a legal battle between the Kahlo family and the Frida Kahlo Corporation, which filed lawsuits in the courts of Mexico and Florida, alleging that Maria Cristina Romeo Pinedo tried to “sabotage” the collaboration with Mattel. A judge in Florida dismissed the lawsuit, but Mexico City’s High Court ruled in FKC’s favor in 2021, allowing Barbie to be sold in Mexico.