CDAS Secures Dismissal Of False Advertising And RICO Lawsuit Over Robert Indiana's Iconic Love Design

• Published date: 25 November 2024
• Law Firm: Cowan, DeBaets, Abrahams & Sheppard
• Author: Scott J. Sholder, Benjamin Halperin, CeCe Cole and May (Mary) Gunther

The CDAS litigation team'led by partners Scott Sholder and Ben Halperin with assistance from associates CeCe Cole and May Gunther'won a decisive victory on behalf of longstanding firm client Artists Rights Society, Inc. (ARS) in the action McKenzie v. Artists Rights Society, Inc., No. 22 Civ. 1619 (JHR) (S.D.N.Y.).

On November 15, 2024, Judge Jennifer H. Rearden of the S.D.N.Y. dismissed art publisher Michael McKenzie's lawsuit alleging that ARS's licensing of Robert Indiana's famous LOVE design violated the Lanham Act and the Racketeering Influenced and Corrupt Organization Act (RICO). The court dismissed the case with prejudice, fully agreeing with CDAS that McKenzie's claims were both meritless and untimely.

For decades, ARS has licensed reproductions of Robert Indiana's artwork worldwide, including the iconic 1964 LOVE image. McKenzie claimed the right to license a similar Indiana image'HOPE, which gained popularity in connection with President Obama's 2008 campaign:

McKenzie alleged that ARS falsely required a copyright notice to be included on LOVE merchandise when...