In this particular case, because the volume is so low—we're talking about three sketches—even though they are meant to be sold to individuals for their own enjoyment.... I don't want to substitute my judgment for what a judge sees, for that matter, and not having the full facts, but it's possible that in this case a reproduction would not be considered to be on a commercial scale.
There is the question of the purpose of the artist. Why did the artist use a particular protected mark in his artistic work? Also, what does the artist want to do in terms of distribution? And of course there is the question of volume So all of these are factors that will be taken into consideration by a court to determine whether or not an artist has used the mark in connection with a business.