Mexico City, Mexico — A judge in Mexico has banned the sale of all Mattel Frida Kahlo barbie dolls, saying they do not have image rights.
In light of International Women’s Day, toy giant Mattel created a special collection of dolls called Women who inspire, which included the Mexican painter Frida Kahlo.
Her family immediately said the company was using the image of Kahlo image without authorization, however, Mattel said they did have the legal authority to produce the doll.
A month after the release of the Mattel barbie collection, a judge in Mexico City banned the sale of all Frida Kahlo dolls in the country agreeing with the family that the toy manufacturer does not have image rights to produce the barbie.
The judge ordered Mattel and distributors “to refrain from any act tending to use the brand, image and work of Frida Kahlo”.
So far the ruling is only valid in Mexico, however, the family intends to take the matter to an American court to have the sale of the Kahol dolls banned there as well.
David Peña of the Democratic Lawyers organization told the AFP news agency that Kahlo’s family can use the ruling of the Mexican judge as a precedent that would make it easier for him to reach a US court.
The family of Frida Kahlo in partnership with the Casablanca Distributors, created the company Frida Kahlo Corporation, which was responsible for establishing which brands or companies could use the image of the artist in their products.
Mattel approached the Frida Kahlo Corporation to sell Barbie Frida who authorized the production of the doll, but without permission from the Kahlo family.
“I am delighted because I believe that justice is taking place. We, who have the rights for all these things are us, the Kahlo family,” says Mara Romeo Pinedo, niece of Frida Kahlo.
Frida Kahol barbies went on sale in at least one luxury store in Mexico where they sold out in two days.