RECENT DEVELOPMENTS
- Upper East Side Gallery Sues Landlord, Claiming It Lawfully Terminated Lease After COVID-19 Forced Closure
Since the outbreak of COVID-19 and the ensuing restrictions on businesses, there has been much discussion about whether, when, and how commercial tenants can break their leases or be relieved from rent-payment obligations when they are unable to conduct business on leased premises. Last week, a Manhattan art gallery sued its landlord for declaring a default under the lease when the gallery failed to make its April rent payment, arguing that the lease was lawfully terminated on April 1 in light of the executive orders that restrict the operation of New York’s non-essential businesses. - Lawsuit By Noted Artist Against Her Former Gallery Serves As a Reminder of the Important Duties Galleries Owe To Artists
Abstract artist Howardena Pindell has sued several individuals and entities related to the G.R. N’Namdi Galleries, which, beginning in the late 1980s, represented her work in spaces located in Detroit, Chicago, New York, and Miami. The case raises a host of legal issues that are, unfortunately, all too common in the realm of artist-gallery relationships. - Grossman LLP Wins Preliminary Skirmish In Federal Case Against NBCUniversal Executive
This week, Grossman LLP notched an initial victory on behalf of its client, art advisor Susan Seidel, who is in litigation with art collector and Universal Studios executive Ronald Meyer over a 2001 art deal. The Manhattan-based team, aided by its California local counsel, persuaded a federal judge that the lawsuit should proceed in New York, not in Meyer’s chosen forum of California. The ruling is a reminder that the question of where an art dispute should be litigated can be an important one, and that a plaintiff’s preference may not always prevail. - Popular Video Game “Call of Duty” Is Given Artistic Protections For Purposes of Defending Against Trademark Claims
A recent trademark decision in the Southern District of New York has extended First Amendment protections generally reserved for works of art to the popular video game “Call of Duty.” Analyzing video games as expressive works for purposes of federal trademark claims has widespread legal implications for video game manufacturers and distributors, allowing them an important shield against allegations of trademark infringement.