The Swedish retail giant, has filed a complaint for declaratory judgment after being threatened with legal action over its use of graffiti art in a marketing campaign.
Graffiti artist Jason Williams threatened H&M with legal action after it featured an image of graffiti which he claimed to have created in its online advertising. Williams allegedly demanded financial compensation.
H&M responded stating that Williams “does not own or possess any copyright rights in certain graffiti that was painted on New York City property without the permission of the city of New York”, and is seeking a declaration that its use of the graffiti does not constitute unfair competition or copyright infringement.
The graffiti in question is on a handball court in the Williamsburg area of Brooklyn. H&M hired a production company to conduct a photo shoot and promotional video at the court in October 2017.
© photo H&M