Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners Everywhere
From The Briefing by Weintraub Tobin by Weintraub Tobin
May 1, 2026
About this episode
This episode discusses the implications of a major Eleventh Circuit decision on IP enforcement and the risks of sending cease-and-desist letters.
Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down a major Eleventh Circuit decision involving the Frida Kahlo brand and the risks tied to aggressive IP enforcement. In this episode, they cover: When cease-and-desist letters cross the line into tortious conduct How the corporate shield doctrine can fail when personal rights are asserted Why the “effects test” can pull IP owners into out-of-state litigation Tune in for a clear look at how a single demand letter can determine where you end up litigating.
People in this episode
Host: Scott Hervey
Guest: Richard D. Buckley, Jr.
Topics covered
- intellectual property
- litigation
- cease-and-desist letters
- legal risks
- IP enforcement
Keywords
- Frida Kahlo
- 11th Circuit
- cease-and-desist
- IP enforcement
- litigation risks
Mentioned in this episode
Organizations: 11th Circuit
Books & works: Frida Kahlo
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