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

You have to understand it in terms of the times advertisement. The first “commercial” on TV broadcast in the 1950s. So Campbell’s looked at Warhol’s painting as free advertising. At the time, it was a novelty and didn’t sell for millions and millions so there wasn’t much for Campbell’s to recoup in terms of financials.
They wrote Warhol and thanked him. https://lettersofnote.com/2010/07/30/i-hear-you-like-tomato-soup/

In today’s world it could be a different story. Products pay millions to be included in movies, but then would sue if someone else produced a similar item for sale… in terms of the soup label the case is complicated bc Warhol wasn’t selling soup… he was selling a recreation of the soup label – an interpretation of it not even a replica…

We see this today in the music industry with “sampling” of other works…