Led by Intellectual Property Partners Todd Nosher and Lucian Chen, Mandelbaum Barrett secured a major victory for one of the world’s largest exhibition and trade show organizers along with a well-known international art gallery in New York federal court this week. The case arose from a sculpture dispute at an international fashion and art show.
In a decision that will likely become cited precedent in the field of copyright law and the niche subfield involving the Visual Artists Rights Act of 1990 (“VARA”), the Southern District of New York granted our clients’ motion to dismiss, dismissing plaintiff’s VARA claim in its entirety with prejudice, and as a corollary, dismissing the federal case altogether. The court held that, among other things “Plaintiff’s claim that [Defendants] modified the [subject sculpture] by preventing Plaintiff from presenting the sculpture personally at the [show] amounts to a non-actionable presentation decision that was left to the exhibitor.”
This marks a notable victory for Mandelbaum’s clients—and other art galleries and trade show exhibition organizers—as it can be cited by galleries and organizers in future cases involving similar disputes.
Given the high stakes involved, including the significant statutory damages provided under federal copyright law, defeating these actions at the pleading stage is critical to helping clients to avoid costly and risky litigation by quickly disposing of baseless claims.
Mandelbaum Barrett PC’s Intellectual Property Group has significant experience in handling complex IP litigation, including niche litigation like this in the copyright realm.
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.