Roger Fingas
Artist Romero Britto earlier this month filed a lawsuit against Apple and an artistic duo, Craig & Karl, claiming they violated trade dress through artwork featured in Apple's "Start Something New" marketing campaign.
The Craig & Karl piece is featured in one section of the campaign's official website, which promotes the artistic uses of Apple devices in tandem with various apps. In particular, Craig & Karl are described using painting app Waterlogue on the iPad Air 2. The artwork has also been featured in Apple Stores — in court documents filed with the US District Court for the Southern District of Florida, lawyers for Britto say that people contacted him thinking he had done the work himself.
"These reports ranged from, for example, incorrect congratulations on Mr. Britto's new deal with Apple, to consternation from business partners in potentially collaborative or competing product categories, to inquiries from collectors wanting to know if the image they saw in the Apple store or on the Apple website was by Romero Britto," the documents read.
This, in turn, led to Britto discovering that Craig & Karl had been making similar art for years. The court filing describes Britto's trade dress as involving bright colors, thick black lines, and combinations of different patterns in upbeat themes.
Britto is said to have contacted Apple and asked them to stop using the Craig & Karl art, but has not received a response. The artist's lawyers are seeking damages, legal fees, and an injunction against Apple from using the offending art and Craig & Karl from producing imitation work.
AppleInsider Staff
Malcolm Owen
Oliver Haslam
Andrew O'Hara
Wesley Hilliard
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Christine McKee
72 Comments
This, in turn, led to Britto discovering that Craig & Karl had been making similar art for years. The court filing describes Britto's trade dress as involving bright colors, thick black lines, and combinations of different patterns in upbeat themes.
Seriously? So only this clown is allowed to make art with bright colors, thick black lines, and upbeat themes?
Ridiculous.
Yeah, and he is suing the deepest pockets involved which goes to motive. If anything, the estate of Andy Warhol should be along any minute now wanting their cut off of both artists.
I wish the article would post a side by side comparison.
[quote name="sog35" url="/t/185746/artist-sues-apple-over-alleged-copycat-work-in-start-something-new-marketing#post_2709179"] Seriously? So only this clown is allowed to make art with bright colors, thick black lines, and upbeat themes? Ridiculous. [/quote] I know that some company wanted to use some Tom Waits songs in their advertisements and he said "no." So they hired some folks to write some original songs like his and a singer to sing in a gravelly, broken voice like his. Waits sued and won, IIRC, because their was substantial similarity and the intent to imitate his art was clear. I don't know the details of this situation, but if they can find an Apple exec. saying they wanted "something like" this guy's stuff he might win...
Does this mean anyone can be sued for creating art (of any type) 'In-the-style-of' (Manet vs Monet?) another artist? So long as Craig & Karl haven't COPIED Britto's art or passed their work as being created by Britto, then I don't believe Britto will prevail in this suit. Then again, stranger things have happened in US courts. Rounded rectangles, anyone?
[quote name="Bageljoey" url="/t/185746/artist-sues-apple-over-alleged-copycat-work-in-start-something-new-marketing#post_2709188"] I know that some company wanted to use some Tom Waits songs in their advertisements and he said "no." So they hired some folks to write some original songs like his and a singer to sing in a gravelly, broken voice like his. Waits sued and won, IIRC, because their was substantial similarity and the intent to imitate his art was clear. I don't know the details of this situation, but if they can find an Apple exec. saying they wanted "something like" this guy's stuff he might win...[/quote] Given that Craig and Karl have apparently been producing similar art for years before partnering with Apple, I highly doubt that that is the case here. This guy might have a case if they were copying some specific piece of his work, but I have a hard time believing that he can sue them over having a similar style.