Legal Question in Intellectual Property in Idaho

Why didn't Campbell soup sue Andy Warhol?

I am being told by a gallery owner that my use of a popular soft drink icon/mascot in an oil painting is probably infringement and that leads me to ask why Campbell's soup never sued Andy Warhol for the can imagery?


Asked on 9/11/08, 7:42 am

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Why didn't Campbell soup sue Andy Warhol?

They probably obtained more free advertising from his painting than they would have obtained in damages. There are many different factors to consider before bringing a lawsuit.

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Answered on 9/11/08, 8:26 am


William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Why didn't Campbell soup sue Andy Warhol?

It is possible that the Gallery owner is not an Intellectual Property Attorney and may not know exactly what they are talking about.

With that said, you should contact an Intellectual Property attorney and ask their opinion about the specific mascot you intend to use. It could be as simple as asking the owner of the mascot if you can use it. They will likely want to know the context of how you are going to use it.

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Answered on 9/11/08, 10:24 am

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