Warning letter regarding the rights of the work El triomf i el Rodolí de la Gala i en Dalí.
The Foundation has become aware that third parties are using or exploiting the popular artwork of Salvador Dalí Doménech, entitled “El Triomf i el Rodolí de la Gala i en Dalí”.
Regarding this issue, we would like to remind you of the following:
The Foundation is the exclusive assignee of the intellectual property, industrial property and image rights of Salvador Dalí Doménech, by virtue of the assignment made by the Spanish State, universal heir of the painter; all the foregoing, by virtue of the Ministerial Order CUL/2911/2011, dated 10 October, which renewed the prior orders of 19 January 2004, 25 July 1995 and January 2001, and the rights assignment agreement dated 14 November 2011, by virtue of which the Ministry of Culture assigned the rights to manage and use the intellectual property, industrial property, trademarks, patents, image rights, and any other intangible rights related to the works and person of Salvador Dalí.
It has recently been brought to the attention of the Foundation that a company called V.S. Marketing Ltd./Salvador Brand or other entities who are operating on its behalf, are offering to the public licenses for the use of the "brand name" “El Triomf i el Rodolí de la Gala i en Dalí” and other trademarks containing the name "DALI".
We wish to inform you that on June 30, 2011, the Central Region District Court in Israel issued, as a result of civil suit filed by the Foundation against V.S. Marketing Ltd., a permanent injunction prohibiting V.S. Marketing Ltd. (or anyone acting on its behalf) from making any use of the name "Salvador Dali" in any form as a trademark. Moreover, the injunction also prohibits V.S. Marketing Ltd., or anyone who is acting on its behalf, from using the work “El Triomf i el Rodolí de la Gala i en Dalí”, or any of the separate drawings comprising this work as a trademark.
In addition to the above and following a contempt of court procedures initiated by the Dalí Foundation against V.S. Marketing, the Israel District Court ruled on April 17, 2012, inter alia, that V.S. Marketing is not allowed to use the Art Work credit title other than next to the Art Work or any of its drawings and that in any event the font 10 size of the Art Work attribution title must be proportional to the size of the drawings as they appear on an A4 size paper. It should also be noted that V.S. Marketing, or anyone who is acting in its behalf, is prohibited from making any modifications to the original Art Work or any of its drawings.
The Dalí Foundation further wishes to clarify as follows:
1. The Dalí Foundation disagrees with the Court's interpretation of the Settlement Agreement as if the Art Work attribution title needs to be proportional to the size of the drawings as it believes that the Settlement Agreement clearly states that it cannot exceed word font size 10. Appeal proceedings against this decision have been filed by the Dalí Foundation to the Israel Supreme Court.
2. According to the Settlement Agreement, V.S. Marketing, is not allowed to show for sale on its website, actual or illustrated, products in which Dali's name is highlighted or otherwise emphasized since, according to the Settlement Agreement, this type of practice is prohibited.
3. The Art Work credit title is not a property of V.S. Marketing but rather V.S. Marketing is obliged to use it next to the Art Work or any of its drawings. Therefore, V.S. Marketing is not allowed to grant any license in the title itself.
The Dalí Foundation will view any use of the name "Salvador Dali", the Art Work, and/or any of the separate drawings comprising this work, which is not in line with the terms of the Settlement Agreement and as specified above as a blatant infringement of its intellectual property rights. As such, the Dalí Foundation will take all measures, including legal action, to prevent any such illegal use of its rights.
Furthermore, we inform you that the Foundation has never recognized any of the rights V.S. Marketing Ltd./Salvador Brand or other entities who are operating on its behalf claim to have in the Artwork.
For further information regarding this issue, please do not hesitate to contact to the legal services of the Dalí Foundation for the attention of Isabella Kleinjung, IKLEINJUNG@fundaciodali.org
Tel Aviv Courts