Trademark Litigation: Frida Kahlo Corporation Takes on Amazon Sellers
According to a report from The Art Newspaper, the Frida Kahlo Corporation—the holding company that owns much of the famed Mexican artist’s intellectual property (IP)—has filed a copyright infringement lawsuit against a collection of Amazon sellers. Here, our Florida trademark litigation attorney discusses the case and legal issue in more detail.
Frida Kahlo Corporation Alleges Unauthorized Sale of Products
Over the past several years, the Frida Kahlo Corporation has been involved in a number of different IP lawsuit disputes over the rights to the artist’s work. In early March of 2024, the company filed trademark infringement lawsuits against online sellers—primarily those using Amazon—for allegedly promoting/making unauthorized sales of products featuring the iconic artist. The corporation is seeking a full range of remedies, including compensation for all profits from these sales or statutory damages for each case of infringement. The lawsuit contends that the sellers (defendants) are operating under fake names on platforms like Amazon and coordinated with each other in other online forums to evade detection.
When Can a Platform Be Held Liable for a Third Party’s Trademark Violation?
The Frida Kahlo Corporation trademark infringement lawsuit is notable, in part, because it involves allegations that sellers are using Amazon to commit the IP violation. It is useful for brands to know that third party platforms could, in some limited cases, bear liability for trademark infringement that occurs on their site. To be clear, these third party companies are by no means automatically liable. Instead, liability hinges on how actively the platform controls its marketplace and whether or not it contributed to the trademark infringement. Here are key points to know:
- Knowledge of Infringement Can Lead to Liability: If the platform is aware that sellers are using it to infringe trademarks but it fails to take the appropriate corrective action, it may be considered complicit in the infringement. Knowledge is a key element in holding a third party platform accountable for contributing to trademark infringement.
- Direct Control Over Sales Can Lead to Liability: Platforms that exercise direct control over the sale and distribution of goods, such as setting prices, managing inventory, or fulfilling orders, might be seen as directly contributing to any infringement that occurs. When a “third party” platform has direct control over sales, it is more likely to be held liable.
- Failure to Act on Notification Can Lead to Liability: Platforms are often protected under the “safe harbor” provisions if they promptly remove infringing content upon notification. However, failing to act on such notifications can strip them of this protection.
Contact Our South Florida Trademark Litigation Attorney Today
At Perkins Law, we are an IP law firm that is committed to helping our clients protect their brand. If you are involved in a trademark infringement case, we are here as a legal resource that you can trust. Call us now or contact us online for a completely confidential, no obligation consultation. With an office in Boca Raton, we provide trademark litigation representation throughout South Florida.
Source:
theartnewspaper.com/2024/03/06/frida-kahlo-corporation-files-trademark-suit-amazon-sellers
