Southern District of New York Judge Barbara S. Jones dismissed a lawsuit accusing Marlborough Gallery Inc. of an attempt to monopolize and unfairly eliminate competition for the ceramic works of artist Chu Teh-Chun. In the lawsuit, SARL Galerie Enrico Navarra alleged that Marlborough sought to discredit the gallery and the reproductions of ceramic plates it had commissioned from Chinese artist Chu Teh-Chun, in an effort to eliminate competition for Marlborough’s own ceramic vases hand-painted by Chu.
The court ruled that SARL Galerie Enrico Navarra had failed to support its claim by identifying any predatory or anti-competitive acts. Judge Jones also held that Enrico Navarra had failed to allege a relevant market that encompassed both the plates and the vases, finding that the vases were original works of art while the plates were replicas and noting the large disparity in price between the two items.
Enrico Navarra contended that Marlborough had prompted Chu to demand that it cease and desist producing the plates, and had caused the publication of advertising in France claiming that the plates were not genuine as well as other disparagement.
The court also concluded that Enrico Navarra had not identified any false statements made by Marlborough in its advertising to support the Lanham Act claim.
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