“Pollos Hermanos” Artist Sues Sony for “Breaking” Copyright Bad

The artist who created the iconic logo for Los Pollos Hermanos, the fictional chicken restaurant on the popular AMC TV show “Breaking Bad,” is suing Sony Pictures for using the logo to sell merchandise without permission.

The artist, Humberto Puentes-Segura, created and sold the Los Pollos Hermanos logo to Sony Pictures’ subsidiary Topango Productions, Inc. for $640.50. The logo bears a pair of chickens wearing sombreros standing back to back. However, Puentes-Segura’s complaint alleges that the contract for the sale of the logo limited its use to “props, set dressing, and wardrobe,” and said nothing of using the logo for merchandise. The complaint further alleges that Sony, by licensing, manufacturing, distributing and selling merchandise displaying the logo in New Mexico and throughout the United States, has therefore infringed Puentes-Segura’s copyright.

Due to the artist’s limited access to media while residing in his home country of Mexico, the complaint claims, he did not learn about the alleged infringement until 2015. He registered his logo with the U.S. Copyright Office in January 2016. He seeks damages with an amount to be proven at trial and injunctive relief to prevent Sony from continuing to use his design on merchandises.

The complaint against Topango Productions and Sony Pictures was filed with the District Court in New Mexico on October 28, 2016. Sony Pictures has yet to respond or comment.

Sony Broke Bad Selling ‘Los Pollos Hermanos’ Merch: Artist, http://www.law360.com/articles/857380/sony-broke-bad-selling-los-pollos-hermanos-merch-artist

Breaking Bad artist sues Sony over Los Pollos Hermanos logo, http://www.koat.com/article/breaking-bad-artist-sues-sony-over-los-pollos-hermanos-logo/8064854

Complaint for Copyright Infringement, Humberto Puentes-Segura v. Topanga Productions Inc. et al., Case 1:16-cv-01194-KBM-SCY (D.N.M Oct. 28, 2016)