Intellectual Property Law

Restraint of Trade in Market for Warhol Works

By Marty Schwimmer

43(B)log: "Doubled Denied, denied in part":

Simon-Whelan v. Andy Warhol Foundation for the Visual Arts, Inc., 2009 WL 1457177 (S.D.N.Y.)

Simon-Whelan, as putative class representative for art buyers, alleged that the Foundation and various defendants violated state and federal antitrust laws by conspiring to restrain and monopolize trade in the market for Warhol works. He also alleged individual unjust enrichment, Lanham Act, and fraud claims. The Lanham Act claim was based on the defendants? denial of the authenticity of a work he owned, and the fraud claim was based on allegations that he was fraudulently induced to submit his artwork to the defendants? authentication board and sign a convenant not to sue in connection with such submissions.

Full post as published by Trademark Blog on June 02, 2009 (boomark / email).