Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Artist’s Foundation Brings False Advertising, IP Claims Against Art Show Operators, (Mar 12, 2013)

By William Zale, J.D.

The Keith Haring Foundation, owner of the intellectual property of the deceased artist Keith Haring, has filed suit asserting false advertising, trademark, copyright, and cybersquatting claims against the operators and promoters of “Haring Miami”—an art show allegedly exhibiting fake Haring works. The complaint was filed in the federal district court in Miami (The Keith Haring Foundation, Inc. v. Colored Thumb Corp, March 8, 2013).

The Haring Foundation alleges that the overwhelming majority of the works exhibited and offered for sale at the show are “fakes, forgeries, counterfeits, and/or infringements.” A disclaimer as to the genuineness of the works at the bottom of the website promoting the show allegedly is “clearly not designed to be noticeable” and fails to note that many of the works had been submitted to the Haring Foundation and found to be inauthentic.

The Foundation asserts claims of false advertising, false designation of origin, trademark infringement, trademark dilution, copyright infringement, and cybersquatting. The Foundation requests injunctive relief, damages including an award of profits, and recovery of attorney fees and costs.

The case is No. 1:13-cv-20830-MGC.

Attorneys: Jonathan Galler (Proskauer Rose LLP) for The Keith Haring Foundation, Inc.

Companies: The Keith Haring Foundation, Inc.; Colored Thumb Corp.

News: Advertising