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$102 Million Verdict Over Robert Indiana Artwork May End Years-Long Legal Battle

A Manhattan federal jury awarded $102 million in damages to the Morgan Art Foundation in its lawsuit against art publisher Michael McKenzie, finding him guilty of making and selling unauthorized Robert Indiana artworks. The verdict, delivered on April 23, follows a complex legal battle that began just before Indiana's death in 2018, involving accusations of exploitation, fraud, and copyright infringement. McKenzie and caretaker Jamie Thomas were also accused of taking advantage of the elderly artist. The case has cast doubt on the authenticity of some late Indiana works and affected his market, with his auction record remaining at just over $4 million since 2011.

Affaire Indiana : un éditeur d’art condamné à 102 millions de dollars

A federal jury in Manhattan has ordered Michael McKenzie and his company American Image Art to pay $102 million (€95 million) to the Morgan Art Foundation for unauthorized exploitation of works by artist Robert Indiana (1928-2018), including his iconic LOVE image. The case, filed in May 2018 just before Indiana's death, alleged that McKenzie—a former agent of the artist—produced and sold unauthorized editions, sculptures, and merchandise under Indiana's name, violating exclusive reproduction and commercialization rights granted to the foundation in the 1990s. The jury found McKenzie guilty of trademark infringement, copyright violation, and contractual interference, with $6.2 million specifically tied to 44 LOVE works. The defense, weakened by sanctions for hiding evidence and refusing to cooperate, plans to appeal.