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 Morgan Art Foundation, which said it has been Indiana's agent
for more than two decades, accused American Image Art and others
of exploiting the now "bedridden and infirm" artist, by forging
some of his famous works and selling them for millions of
dollars to unsuspecting collectors.
Indiana, who turns 90 in September, is best known for his image
of the letters L, O, V and E arranged in a square, with the O
tilted diagonally to the right.
He created it in 1965 for a Christmas card by the Museum of
Modern Art in Manhattan. The image appeared on a U.S. postage
stamp in 1973.
Morgan Art Foundation said Indiana has become isolated since
giving Jamie Thomas, whom he had allegedly employed to run
errands and do work around his Maine home, power of attorney two
years ago, enabling American Image Art and its founder Michael
McKenzie to profit at the artist's expense.
"We filed this action to protect Robert Indiana and his legacy,"
Luke Nikas, a partner at Quinn Emanuel Urquhart & Sullivan
representing the plaintiff, said in a phone interview.
The complaint seeks a variety of damages for trademark
infringement, breach of contract and other claims for what Nikas
called a "rogue and brazenly unlawful" forgery scheme.
McKenzie, who had yet to see the 53-page complaint, in a
separate phone interview rejected Morgan's contentions.
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"I feel badly for Robert Indiana. This is one of the most important
living artists, on the order of (Andy) Warhol and (Roy)
Lichtenstein," he said. "I'm sure the countersuit will be
interesting."
McKenzie also said Indiana's health is better than the plaintiff
described.
"Bob is quite sharp," he said. "There are times when he's off, which
is expected, but there are times he is as sharp as he's ever been.
His ability to understand what's what and why, and make good
decisions - he's clear about what he wants and doesn't want."
Thomas' lawyer did not immediately respond to requests for comment.
Indiana is also a defendant, for having provided the alleged power
of attorney enabling the creation and sale of infringing works. He
could not immediately be reached for comment.
The case is Morgan Art Foundation Ltd v McKenzie et al, U.S.
District Court, Southern District of New York, No. 18-04438.
(Reporting by Jonathan Stempel in New York; Editing by Bill Rigby)
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