Figueres, 2 September 2013
Warning letter regarding the rights of the work El triomf i el Rodolí de la Gala i en Dalí.
The Foundation has become aware that third parties are using or exploiting the popular artwork of Salvador Dalí Doménech, entitled “El Triomf i el Rodolí de la Gala i en Dalí”.
Regarding this issue, we would like to remind of the following:
The Foundation is the exclusive assignee of the intellectual property, industrial property and image rights of Salvador Dalí Doménech, by virtue of the assignment made by the Spanish State, universal heir of the painter; all the foregoing, by virtue of the Ministerial Order CUL/2911/2011, dated 10 October, which renewed the prior orders of 19 January 2004, 25 July 1995 and January 2001, and the rights assignment agreement dated 14 November 2011, by virtue of which the Ministry of Culture assigned the rights to manage and use the intellectual property, industrial property, trademarks, patents, image rights, and any other intangible rights related to the works and person of Salvador Dalí.
It has recently been brought to the attention of the Foundation that a company called V.S. Marketing Ltd./Salvador Brand or other entities who are operating on its behalf, are offering to the public licenses for the use of the "brand name" “El Triomf i el Rodolí de la Gala i en Dalí” and other trademarks containing the name "DALI".
We wish to inform you that on June 30, 2011, the Central Region District Court in Israel issued, as a result of civil suit filed by the Foundation against V.S. Marketing Ltd., a permanent injunction prohibiting V.S. Marketing Ltd. (or anyone acting on its behalf) from making any use of the name "Salvador Dali" in any form as a trademark. Moreover, the injunction also prohibits V.S. Marketing Ltd., or anyone who is acting on its behalf, from using the work “El Triomf i el Rodolí de la Gala i en Dalí”, or any of the separate drawings comprising this work as a trademark.
The Dalí Foundation further wishes to clarify as follows:
1. According to the Settlement Agreement, V.S. Marketing, is not allowed to show for sale on its website, actual or illustrated, products in which Dali's name is highlighted or otherwise emphasized since, according to the Settlement Agreement, this type of practice is prohibited.
2. The Art Work credit title is not a property of V.S. Marketing but rather V.S. Marketing is obliged to use it next to the Art Work or any of its drawings. Therefore, V.S. Marketing is not allowed to grant any license in the title itself.
V.S. Marketing has breached the terms of the Settlement Judgement and consequently contempt of court proceedings were initiated against it and a conditional fine was set upon it. Consequently further comptempt proceedings have been initiated against it and a new claim has been brought to the court in Israel to termination the Settlement Agreement.
The Dalí Foundation will view any use of the name "Salvador Dali", the Art Work, and/or any of the separate drawings comprising this work, which is not in line with the terms of the Settlement Agreement and as specified above as a blatant infringement of its intellectual property rights. As such, the Dalí Foundation will take all measures, including legal action, to prevent any such illegal use of its rights.
Furthermore, we inform you that the Foundation has never recognized any of the rights V.S. Marketing Ltd./Salvador Brand or other entities who are operating on its behalf claim to have in the Artwork.
For further information regarding this issue, please do not hesitate to contact to the legal services of the Dalí Foundation for the attention of Isabella Kleinjung, IKLEINJUNG@fundaciodali.org
