How come artists like Andy Warhol can use trademarks like the Campbell’s Soup image and sell it without being sued?

Question

I would assume that if it’s used for a commercial use (I.e selling it for millions) Campbell would want rights for it?

In: 29

Answer 1

[He’s still getting sued.](https://news.artnet.com/art-world/andy-warhol-foundation-loses-lynn-goldsmith-copyright-lawsuit-1955399)

>Celebrity photographer Lynn Goldsmith has won her copyright lawsuit against the Andy Warhol Foundation on appeal.
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>The 2nd Circuit Court of Appeals reversed a 2019 ruling from New York’s federal court finding that Andy Warhol had made fair use of Goldsmith’s 1981 photograph of Prince when he created the “Prince Series.” Goldsmith appealed that verdict, arguing that the Warhol artworks were not a transformative use of her image.
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>“We agree,” judge Gerard E. Lynch wrote. “The Prince Series works are substantially similar to the Goldsmith Photograph as a matter of law.”
>
>The Warhol Foundation plans to appeal the ruling, reports ARTnews.

It’s going to the Supreme Court this year!

[The Velvet Underground also sued and settled with his foundation.](https://pitchfork.com/news/50958-the-velvet-underground-reaches-settlement-with-andy-warhol-foundation-over-iconic-banana-image/)

[Way back in 1966, a photographer sued and settled with him over his flowers paintings.](http://lacmaonfire.blogspot.com/2017/09/moca-adds-warhol-flowers.html)

But specifically regarding Campbell’s Soup? The story goes that they considered it, but they saw it was actually positive marketing and helped their sales, so they embraced it instead.