Fight Over Frida Kahlo Trademark Takes a New Turn as Corporation Countersues Her Family

Barry Werbin was quoted in The Art Newspaper, discussing the Frida Kahlo Corporation (FKC) suing over a Frida Kahlo Barbie doll. FKC claimed that Mara Cristina Romeo Pinedo, Kahlo’s grandniece, had undermined and defamed the company and illegally used the Frida Kahlo trademark. Pinedo and Romeo have since won a temporary injunction against the sale of the Friday Barbie in Mexico, which Werbin notes will have no effect outside of Mexico. He suggested that in the US, the use of someone’s likeness is known as the right of publicity, which is distinct from trademark rights and whose enforcement varies by state. Werbin said it seems like the FKC has “a pretty strong case,” but that if Pinedo has an issue with the direction or management of the company, “That’s a purely corporate law issue. It has nothing to do with who should own the trademark rights.”