Over the past year, I've carefully followed the increase in litigation brought by artists against retailers clothing brands, automotive brands, and food and beverage chains for the.
Retailers have found themselves ensnared in disputes with street artists. More often than not, the artists assert claims of copyright infringement, either because their works were incorporated into designs, or because photographs of art were used in advertising.
The plaintiff, Christophe Roberts, in a newly filed federal lawsuit,
Roberts v. Puma North America, Inc., however, is an established artist (though he does have a great deal of street credibility). And his claim is not for copyright infringement but for the alleged infringement of his registered trademark by Puma North America, Inc., which Roberts claims is using his distinctive mark “in large national ad campaigns targeting its products to National Basketball League consumers.” Roberts v. Puma North America, Inc., Case No. 21-cv-2559 (S.D.N.Y. Filed March 25, 2021).
Roberts is a recognized “multidisciplinary” artist who works in sculpture, graphic design and painting. He has received commissions from a number of high profile clients, and his works have been exhibited at numerous venues and events, including Lyons Wier Gallery in New York, NBA Allstar Week in Chicago, NBA Art Week in Vancouver, Widen+Kennedy in Portland, New Gallery of Modern Art in Charlotte, Long View Ga