Judge refuses to toss graffiti artist's suit claiming his mural was used on dress worn by Katy Perry
Katy Perry in the Moschino dress. Eastfjord Productions / Shutterstock.com
A federal judge in California has refused to dismiss a lawsuit by a graffiti artist who claims the Moschino apparel brand used his work on a dress worn by pop star Katy Perry at an art gala.
U.S. District Judge Stephen Wilson ruled for the graffiti artist known as Rime, whose real name is Joseph Tierney, in a Jan. 13 order (PDF), according to the Hollywood Reporter’s THR, Esq. blog.
Tierney’s trademark and copyright infringement suit claims Moschino used portions of Tierney’s Detroit “vandal eyes” wall mural in the dress and used his tag “Rime” in the related clothing collection. Besides the intellectual property claims, the suit alleges negligence and violations of California law regarding unfair competition and appropriation of name and likeness.
Moschino and its creative director had sought to dismiss the lawsuit partly on the basis of California’s anti-SLAPP statute, intended to protect defendants from lawsuits based on First Amendment activity.
THR, Esq. says Moschino’s creative director had argued he developed the graffiti concept “to subvert the seriousness of traditional black-tie fashion while also commenting on the way in which society objectifies women by literally imposing cultural symbols and meaning upon them.”
Wilson found that the fashion line qualifies as an issue of public interest, but the defendants weren’t entitled to dismissal under the anti-SLAPP law because Tierney had shown a probability of success on the merits.
