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ARTICLE · 19 JUNE 2023

This Case Is Bananas: Art Basel Banana Did Not Infringe

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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How many ways are there to duct tape a banana to a wall? Apparently not too many. Earlier this week, Judge Scola in the Southern District of Florida found that the famous Art Basel...

United StatesIntellectual Property

How many ways are there to duct tape a banana to a wall? Apparently not too many. Earlier this week, Judge Scola in the Southern District of Florida found that the famous Art Basel banana--a sculpture consisting of a banana duct taped to the wall of Art Basel Miami--did not infringe Banana and Orange--another banana-duct-taped-to-wall sculpture.

Maurizio Cattelan is an Italian visual artist, known for America, a fully-functioning solid gold toilet that was once installed at the Guggenheim. In 2019, Cattelan created a piece called Comedian, in which he duct-taped a banana to a wall at Art Basel Miami. Cattelan claims that Comedian was conceived in response to Art Basel's call to present art at the 2019 fair, but was based on an earlier piece he did for New York Magazine that depicted a banana hanging from a billboard with red duct tape. It was meant to be simple and banal, and reflect absurdity.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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