Fedez, Schifano and the Coca-Cola: Art, Brand and Freedom of Expression

The article examines the legal intersection of art and trademark law through the case of Fedez, Achille Lauro, and Orietta Berti's summer hit 'Mille', which prominently features Coca-Cola bottles. After Codacons requested the video's suspension for alleged hidden advertising, Coca-Cola officially partnered with the artists on July 11, making the song the soundtrack for a Coca-Cola Zero campaign. The piece contrasts this with historical art references, such as Mario Schifano's 1980-81 serigraphs reproducing the Coca-Cola logo, and Vasco Rossi's 1983 hit 'Bollicine'. It discusses legal precedents: in Mattel, Inc. v. MCA Records, Inc. (2002), US courts ruled that the use of 'Barbie' in 'Barbie Girl' by Aqua was protected free expression, not trademark infringement. In 2019, the Benelux Court rejected Moët Hennessy's claim against artist Cédric Peers for using the Dom Pérignon logo in his work, affirming that artistic freedom can justify trademark use under the Benelux Convention on Intellectual Property. EU Directive 2015/2436 and Regulation 2017/1001 also recognize that trademark use for artistic expression is permissible if it respects fair practices. The article concludes that, generally, using a trademark within a copyrighted work is lawful if it aligns with professional fairness.