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ARTICLE · 06 OCTOBER 2021

Cautionary Tale: Commercializing ‘Street Cred'

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Over the past year, I've carefully followed the increase in litigation brought by artists against retailers...

United StatesIntellectual Property

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 alleged copying of their distinctive artwork in fashion designs and marketing campaigns. So-called "street artists" - many of whom started out illegally "tagging" subway cars, bridges and overpasses but have since acquired a level of legitimacy - are largely responsible for this recent trend.

A growing list of retailers have found themselves ensnared in disputes with street artists. The list includes American Eagle Outfitters, Coach, Fiat, General Motors, H&M, Epic Records, McDonald's, Mercedes-Benz, Moschino, Roberto Cavali and Starbucks.

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