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

Technically, he couldn’t. He never got Campbell’s permission for using their product in his art. Campbell eventually agreed because they realized that it was free advertising. Similarly, his famous piece with Marilyn Monroe is another example because he took that photo from another artist, again without permission. If I remember correctly, Warhol was sued multiple times by various people for copyright infringement.