Artists file copyright lawsuit against Guess, Macy’s over allegedly stolen T-shirt art

Guess, Macy’s lawsuit overview:

• Who: Patrick Griffin, the successor in interest to the graffiti artist known as “Nekst,” and Robin Ronn, professionally known as “Bates,” filed a lawsuit against Guess? Inc. and Macy’s Inc.
• Why: Guess allegedly used their artwork on apparel items without their consent.
• Where: The Guess lawsuit was filed in California federal court.

Two graffiti artists have filed a lawsuit against Guess? Inc. and Macy’s Inc. alleging the retailers “splashed” their artwork on apparel items without their consent.

Plaintiffs Patrick Griffin, the successor in interest to deceased artist Sean Griffin (professionally known as “Nekst”), and Robin Ronn (professionally known as “Bates”) filed the artists lawsuit on Jan. 12 in California federal court.

“Nekst and Bates are well-known graffiti artists,” the Macy’s lawsuit states. “As such, their ‘tags’ – artwork reflecting among other things their elaborately expressed signatures or names – are their primary calling cards and source identifiers of their artwork and themselves.”

The graffiti artists’ tags are instantly recognizable to their fans due to their distinctive styles, the Guess lawsuit argues.

Guess “inexplicably” uses Nekst’s and Bates’s tags on some of their apparel items, the plaintiffs allege. Not only does the unauthorized use of their artwork mislead customers, it also harms the artists’ reputations by leading consumers to believe they are “corporate sellouts, willing to trade their artistic independence, legacy and credibility for a quick buck, which could not be further from the truth,” the Macy’s lawsuit says.

Macy’s lawsuit says Guess frequently exploits street artists’ work 

The plaintiffs accuse Guess of frequently exploiting the work of street artists to boost its public standing and credibility. Guess reportedly launched a new collection featuring “graffiti by Banksy,” a renowned graffiti artist and political activist, even though Banksy did not give permission for such use. In response, Banksy urged consumers to boycott the brand.

Guess continues to exploit artists’ work without consent despite artists’ repeated requests to stop, the Macy’s lawsuit claims.

The artists lawsuit asserts claims for unfair competition, right to publicity, misappropriation of likeness and copyright infringement.

“Guess’s alleged infringement threaten [Nekst’s] entire legacy and the global artist community is in absolute uproar over it,” plaintiffs’ counsel Jeffrey S. Gluck told Law360. “This comes right on the heels of Guess’s recent public battle against Banksy, and one has to begin to wonder why Guess apparently continues to seem to disrespect and offend the graffiti world.”

Shein is fighting a copyright infringement lawsuit by three artists who claim the online retailer copied, produced and distributed exact copies of their work.

What do you think about the artists lawsuit allegations that Guess used the graffiti artists’ work without their consent? Join the discussion in the comments.

Griffin and Ronn are represented by Jeffrey S. Gluck of Gluck Law Firm and Scott Alan Burroughs and Frank R. Trechsel of Doniger Burroughs.

The Guess, Macy’s artists lawsuit is Patrick Griffin, et al. v. Guess? Inc., et al., Case No. 2:24-cv-00318, in the U.S. District Court for the Central District of California.

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