Michaels has sold paint-by-number kits for quite some time, he said, well before the meeting with ATC Media occurred. The company had developed a new line of paint-by-numbers kits that “catered to customers with a higher degree of artistic skill,” and research for the product began in earnest in 2020, according to a brief filed by Michaels.
ATC Media’s sales likely dropped because people “stopped painting or making sourdough” or doing whatever else they did to keep themselves busy during the COVID-19 lockdown, Alibhai said.
“This is not about art for profit, this is about litigation for profit,” he said.
The word “masterpiece” is commonly used when talking about art, such as referring to a great artist’s significant works, he said. Additionally, many paint-by-number kits contain the words “paint by number” on their branding to tell the customer what’s in the box.
While ATC Media owns the trademark to “Masterpiece by Numbers,” it only owns the right to it in computer services, Alibhai said. ATC Media offers a service that allows customers to submit photos that the company then converts to paint-by-number canvases.
