The dispute pits Frida Kahlo Corporation and Frida Kahlo Investments, S.A., which hold rights to the "Frida Kahlo" brand under a 2005 agreement, against Mara Cristina Teresa Romeo Pinedo and her company, Familia Kahlo S.A. de C.V. Pinedo, the artist's grand-niece, has contested FKC's ownership in litigation in Panama and Spain.
The federal suit was triggered by a series of letters sent in 2022. Familia Kahlo's general manager wrote to FKC's Florida licensees, including Primo Entertainment LLC and Casely, Inc., demanding they cease business initiatives involving Kahlo's name or image and warning of joint and several liability for damages.
The district court dismissed the case, ruling that Florida's corporate shield doctrine protected Pinedo and that the defendants' actions did not satisfy the minimum contacts test for due process. Sending an infringement letter without more, the court found, was insufficient.
The Eleventh Circuit rejected the corporate shield defense. The panel held that the doctrine did not apply because the letters identified Familia Kahlo as representing Pinedo in her personal capacity as Kahlo's heiress, meaning she was not acting solely for the corporation's benefit.
On due process, the appellate court held that a tortious cease-and-desist letter can satisfy the minimum contacts test when directed at a forum state. The defendants' intentional targeting of Florida licensees, the panel found, established sufficient contacts with Florida.
The case was remanded for further proceedings consistent with the opinion.