April 24 (Reuters) - Pop artist Robert Indiana's former agent has won a $102 million verdict in Manhattan federal court against another entity it accused of exploiting Indiana during his final days, forging thousands of his works and selling them for millions of dollars.
A jury found on Thursday that art publisher American Image Art and its founder Michael McKenzie must pay Morgan Art Foundation for interfering with its contracts and violating its rights in Indiana's works including his iconic "Love" image, according to a verdict sheet, opens new tab made public on Friday
American Image's trial attorney, Nicole Brenecki of Jodre Brenecki, said that McKenzie disagrees with the verdict and "will carefully evaluate his post-trial options."
This verdict restores trust to the Robert Indiana market," Morgan's attorney, Luke Nikas of Quinn Emanuel Urquhart & Sullivan, said in a statement on Friday. "We exposed these forgeries, held Michael McKenzie accountable, and protected the integrity of the artist’s legacy.”
Indiana was 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, which he created 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, which began working with Indiana in the 1990s, said in a 2018 lawsuit that the then-89-year-old Indiana had become isolated and bedridden since giving Jamie Thomas – whom he had allegedly hired to run errands around his Maine home – power of attorney, enabling American Image Art and McKenzie to profit at the artist's expense.
Indiana died the day after the lawsuit was filed.
The lawsuit accused Thomas of conspiring with McKenzie to sell forgeries of Indiana's art to galleries. Morgan's attorney said in a closing statement at trial on Wednesday that McKenzie had forged thousands of Indiana's works, according to a transcript.
Thomas could not immediately be reached for comment.
American Image denied the allegations and countersued Morgan in 2022, alleging it falsely claimed to own copyrights in Indiana's work. A Manhattan judge dismissed that case in 2024.
The case is Morgan Art Foundation Ltd v. McKenzie d/b/a American Image Art, U.S. District Court for the Southern District of New York, No. 1:18-cv-04438.
For Morgan: Luke Nikas of Quinn Emanuel Urquhart & Sullivan
For American Image: Nicole Brenecki of Jodre Brenecki