John is joined by Maaren A. Shah and Luke Nikas, both partners in Quinn Emanuel’s New York office. Maaren and Luke have the top art disputes practice in the world. They discuss Maaren and Luke’s recent victory in the multi-front litigation concerning the legacy of American pop artist Robert Indiana, best known for his iconic LOVE sculpture.

The case began when Indiana’s longtime advisor, who held exclusive rights to fabricate Indiana’s works, discovered that Michael McKenzie was creating and selling unauthorized artworks. This led to a copyright and trademark infringement lawsuit.

At the time, Indiana was elderly, isolated on an island off the coast of Maine, and physically deteriorating. Indiana’s situation was worsened by a coordinated effort by several individuals to cut him off from his longtime supporters and assume control over his name, artwork, and brand.

The day after the initial lawsuit was filed, Indiana passed away, causing further complications. His estate sought to terminate contracts with the advisor and seize control of its intellectual property rights and valuable inventory of Robert Indiana artworks. The legal fight quickly expanded into multiple jurisdictions with overlapping lawsuits involving McKenzie, the advisor, the estate, and the sole beneficiary of the estate, a charitable foundation called the Star of Hope.

Maaren and Luke formed an alliance with the Star of Hope and the Maine Attorney General’s office, which regulated the foundation. They secured an agreement with the foundation ensuring the advisor would retain its rights, inventory, and business role regardless of the outcome of the litigation with the estate, rendering that litigation moot. The Estate quickly buckled and ended its pursuit of the advisor.

With the advisor’s rights and assets secured, the team turned back to McKenzie, who had previously misrepresented the number of Indiana works in his possession. After the team uncovered numerous hidden artworks and secured devastating testimony from McKenzie’s former associate, among others, the court imposed terminating sanctions, including dismissing McKenzie’s claims and awarding the advisor its attorney’s fees. The victory ultimately protects Indiana’s legacy and ensures stability in the market for his art.

Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi

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