Apple Sued Over Copycat Artist Work in 'Start Something New' Campaign

Pop artist Romero Britto last week filed a lawsuit against Apple over its "Start Something New" campaign, for using Craig & Karl artwork that allegedly mimics the design style that Britto is famous for. The lawsuit, levied at both Craig & Karl and Apple, accuses the two artists of violating the Britto trade dress and targets Apple because Britto became aware of the copycat art through Apple's recent promotion.

craigandkarl
Apple uses a Craig & Karl image featuring a patchwork hand on a bright yellow background on one of the iPads in the graphics used to promote the "Start Something New" campaign, and there's a profile of Craig & Karl on the company's website describing how the image was made on an iPad Air 2 using iOS apps.

Apple also featured the Craig & Karl image heavily in retail stores, leading people to contact Britto with the false impression that he had created the artwork, where he discovered that the two had been making art similar to his own for years.

As with any Apple campaign, the Start Something New Campaign had massive exposure and breathless press coverage, and many of the media profiles prominently featured the Infringing Apple Image. Plaintiff was inundated with reports of the Start Something New campaign and the Infringing Apple Image. These reports ranged from, for example, incorrect congratulations on Mr. Britto's new deal with Apple, to consternation from business partners in potentially collaborative or competing product categories, to inquiries from collectors wanting to know if the image they saw in the Apple store or on the Apple website was by Romero Britto.

Britto's work is fairly well-known and on display in dozens of locations around the world. He's also worked with multiple different brands on major advertising campaigns, with all of his work featuring bright colors, strong lines, and simple designs.

brittocomparisonimages
According to the lawsuit, Britto's specific Trade Dress is "strong, fanciful, non-functional, and inherently distinctive," composed of vibrant color combinations, the juxtaposition of different patterns, bold black outlines, and "uplifting, bright and happy visual themes." A quick visual comparison of Britto's work next to Craig & Karl's does indeed reveal similarities between the two.


Britto contacted Apple and asked the company to cease using the Craig & Karl images, but he did not receive a response, leading him to file a lawsuit. Britto is asking for damages and attorneys' fees, along with an injunction that would require Apple to stop using the artwork and Craig & Karl to stop producing artwork that mimics his style.

Top Rated Comments

mcdj Avatar
113 months ago
"artwork that allegedly mimics the design style that Britto is famous for."

Britto who?

"artwork that allegedly mimics the design style that Picasso was famous for."

Fixed.
Score: 63 Votes (Like | Disagree)
AronDraws Avatar
113 months ago
If memory serves, you cannot copyright an art style. If they used his actual art, thats an issue. If it's influenced by his art, it's not something he can go after them for.
Score: 43 Votes (Like | Disagree)
840quadra Avatar
113 months ago
It all resembles stained glass to me.

Score: 40 Votes (Like | Disagree)
Rudy69 Avatar
113 months ago
Let me save you all time from reading the forum comments:

Because it's a lawsuit against Apple, nobody here will see the likeness. How dare you Craig & Karl-you must have penetrated Apple security and stole it from them their idea vault! Down with you!

Image (http://darkskyinitiative.org/wp-content/uploads/2011/12/pitchforks_torches1.jpg)

Apple aside, that's not how art works. The work featured might use similar techniques but that's it (and that's 100% legal). It's a nuisance suit that should get thrown out very quickly
Score: 35 Votes (Like | Disagree)
theheadguy Avatar
113 months ago
Let me save you all time from reading the forum comments:

Because it's a lawsuit against Apple, nobody here will see the likeness. Down with you Britto!

Score: 31 Votes (Like | Disagree)
Kaibelf Avatar
113 months ago
Are they next going to sue every church which has ever used stained glass?
Score: 26 Votes (Like | Disagree)

Popular Stories

iOS 17

iOS 17.2 Will Add These 12 New Features to Your iPhone

Friday December 1, 2023 12:19 pm PST by
iOS 17.2 has been in beta testing for over a month, and it should be released to all users in a few more weeks. The software update includes many new features and changes for iPhones, including the dozen that we have highlighted below. iOS 17.2 is expected to be released to the public in mid-December. To learn about even more features coming in the update, check out our full list. Journal ...
iOS 16 4 Web Push

Apple Confirms Governments Using Push Notifications to Surveil Users

Wednesday December 6, 2023 5:06 am PST by
Unidentified governments are surveilling smartphone users by tracking push notifications that move through Google's and Apple's servers, a US senator warned on Wednesday (via Reuters). In a letter to the Department of Justice, Senator Ron Wyden said foreign officials were demanding the data from the tech giants to track smartphones. The traffic flowing from apps that send push notifications...
airpods pro 2 pink

Apple Releases New AirPods Pro 2 Firmware

Tuesday December 5, 2023 11:28 am PST by
Apple today released new firmware update for both the Lightning and USB-C versions of the AirPods Pro 2. The new firmware is version 6B34, up from the 6B32 firmware introduced in November. Apple does not provide details on what features might be included in the refreshed firmware beyond "bug fixes and other improvements," so it is unclear what's new in the update, but prior software releases ...
Beyond iPhone 13 Better Blue

'All-Screen' iPhone Under-Display Camera Enters Development

Wednesday December 6, 2023 2:03 am PST by
Apple's Korean suppliers have begun developing smartphone under-display cameras (UDC), paving the way for the first iPhone with a true "all-screen" appearance. According to The Elec, LG Innotek has entered the preliminary development of the UDC, which sits under the display and does not result in a visible hole in the panel when the camera is not in use. A UDC differs from a typical front ...
magsafe blue 2

iOS 17.2 Brings Qi2 Support to iPhone 13 and iPhone 14 Models

Tuesday December 5, 2023 11:04 am PST by
The iOS 17.2 update that Apple is set to release to the public in the near future will bring support for the next-generation Qi2 wireless charging standard to the iPhone 13 and iPhone 14 models. Qi2 was mentioned in the release notes for the RC version of the update that came out today. With the addition of support for the new standard, iPhone 13 and iPhone 14 models will work with Qi2...
iphone se 4 modified flag edges

iPhone SE 4 May Reuse Existing iPhone 14 Battery

Wednesday December 6, 2023 1:17 pm PST by
Recently, MacRumors has received details on the battery currently being tested on the upcoming fourth-generation iPhone SE, and the information corroborates previous findings in relation to the device. The iPhone SE 4, known by its device identifier D59, is expected to use the exact same battery found in the base model iPhone 14. Partially assembled prototypes of the next iPhone SE have been ...
airpods pro bulbs

Black Friday Prices Return for AirPods Pro 2 With USB-C, iPad, and More

Tuesday December 5, 2023 7:30 am PST by
Today we're tracking a collection of deals that are matching - or nearly matching - the same all-time low discounts we saw during Black Friday. This includes the AirPods Pro 2 with USB-C, 9th generation iPad, and M1 MacBook Air. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us keep the ...
instagram messenger

Instagram and Facebook Messenger Chats to Disconnect This Month

Tuesday December 5, 2023 1:57 am PST by
Meta has revealed plans to end Instagram users' ability to chat with Facebook accounts later this month, rolling back a feature that it introduced over three years ago. In September 2020, Meta (then Facebook) announced it was merging its Facebook Messenger service with Instagram direct messaging, allowing Instagram users to chat with Facebook users and vice versa using the same platform....