Owning Frida Kahlo: The Frida Kahlo Corporation and Trademark Law

By Morgan Austrich

In a society where any image can be easily reproduced and commodified, the work and likeness of an artist are no exception. On March 24, 2024, the Frida Kahlo Corporation (“FKC”) filed two lawsuits against Amazon vendors for trademark infringement.^[1] In their primary complaint, FKC claimed the online merchants sold images and artworks that were “virtually identical to and/or substantially similar to the Frida Kahlo works.”^[2] The company demanded the vendors surrender all profits made from the selling of her image or pay two million dollars for each use of the trademarks.^[3] Not only did they profit from selling unauthorized reproductions of Frida’s likeness, FKC accused them of conspiring to do so, claiming they “communicated with each other and regularly had chat rooms and online forums together to discuss tactics for operating multiple accounts, evading detection, pending litigation, and potential new lawsuits."^[4]

I. What is The Frida Kahlo Corporation?

Frida’s legacy has a complicated and controversial ownership history. In 1954, Frida passed away intestate, i.e., without having executed a last will and testament. Under Mexican law, in an intestate succession, the deceased’s industrial property rights^[5] pass to the nearest surviving relative.^[6] Accordingly, control over Frida’s body of work was passed to her niece, Isolda Pinedo Kahlo.^[7] However, Isolda could only lay claim to these rights for a limited amount of time since the “right of publicity over a portrait is protected during the life of the owner and 50 more years after his or her death.”^[8] After 50 years passed, Isolda and her daughter Mara Cristina Romeo Pinedo sought alternative means to maintain control over Frida’s likeness. In 2004, the mother-daughter pair founded FKC along with Venezuelan businessman Carlos Dorado.^[9] Dorado brought a business-like approach to safeguarding Frida’s image, with a goal of commercializing and licensing her as a brand. By means of over two dozen trademarks, FKC was able to secure ownership over several aspects of Frida’s story, including her name and features.^[10]