Fine Art Registry Prevails Against Park West Gallery in Federal Court
DETROIT, MI.- A Federal Court jury decided completely in favor of Phoenix based Fine Art Registry® and three individual defendants in a defamation and business interference case brought by Southfield Michigan company, Park West Gallery, and also awarded $500,000 in damages to Fine Art Registry for Park West Gallery’s illegal use of the web based art registration company’s trademarks on the internet.
The case (No. 2:08-CV-12274) finally ended after a marathon five and a half week trial in Federal Court in the Eastern District of Michigan, Southern Division, in Port Huron, with Judge Lawrence P. Zatkoff presiding. The 8-person jury returned a unanimous verdict in favor of defendants Fine Art Registry, Theresa Franks, David Phillips and Bruce Hochman and awarded FAR® half a million dollars in damages in their counter-claim. Bruce Hochman, who was represented by attorneys Ian Simpson and Rachel Bissett, was vindicated on all counts and had not filed a counter-claim.
Sharon Day Dalí Divine Comedy print sold by Park West and bearing the "publisher's" blind stamp (applied by Park West) and a supposed Dalí pencil signature found by defendants' experts Nicolas Descharnes and Frank Hunter to be fake and described by defendatns' handwriting expert, William Flynn, as a "crude forgery".
Despite the virtually unlimited resources which Park West Gallery devoted to the case, including a battalion of lawyers, an ex-FBI “investigator” and various hired experts, the defense presented by Fine Art Registry and the other defendants, based solely on the truth and including testimony from a number of national and international experts on Dalí, a noted handwriting expert, along with many victims and ex-employees, auctioneers and trainees of Park West Gallery, convinced the jury of the truth of the statements made by FAR: to wit, that Park West Gallery has been selling inauthentic art bearing forged signatures (including prints by Spanish surrealist artist Salvador Dalí) as well as grossly overpriced art, employs fraudulent and deceptive sales techniques in its cruise ship based art auctions which generate the majority of the art gallery’s $300+ million annual revenues, and has failed to deal with complaints from dissatisfied customers.
The case was a typical SLAPP (Strategic Litigation Against Public Participation) lawsuit filed by Park West Gallery to silence an outspoken critic (FAR) which has been investigating and reporting on its practices as well as offering advocacy to Park West Gallery victims since the latter part of 2007. As with many SLAPP lawsuits, it backfired when it came before an impartial jury who recognized it for what it was and found in favor of Fine Art Registry and the other defendants on all counts.
The defendants, Fine Art Registry and three individuals, were represented by lead attorney Don Payton assisted by attorney Jonathan Schwartz of Kaufman, Payton & Chapa, based in the Detroit, Michigan area. Don Payton said: “After a lengthy five and one half week defamation trial brought by Park West Gallery (PWG) against Fine Art Registry (FAR), and three individual defendants, the jury rendered its verdict completely in favor of FAR and further awarded FAR $500,000 against PWG for trademark violations. It was definitely a David going up against a multimillion dollar Goliath and for a change, truth won out and the little guy triumphed. This verdict is extremely important, not only for the named defendants, but for art collectors, art enthusiasts, cruise ship passengers and the art world in general. Finally, the sales tactics and their consequences have been revealed and will have a ripple effect around the globe.”
Jonathan Schwartz, who has been actively involved in the case since its inception in early 2008, said: “The jury’s verdict is a huge win for truth, justice, and freedom of speech. I am so proud of our clients, Fine Art Registry, Theresa Franks, and David Phillips, who persevered with all the odds stacked against them. Fortunately, we were assisted in our defense by world-renowned experts, former art-buyers of Park West, and Park West insiders who stepped up to ensure that the right side would prevail. Our law firm, Kaufman, Payton & Chapa, is humbled and honored to have played a part in defeating the unjust $46 million dollar lawsuit filed by Park West, and in achieving a very successful result on the counter-claim.”
Theresa Franks, CEO of Fine Art Registry, said: “It is a great victory for the art industry as a whole and also for free speech in this country. The honorable jury of eight that served for well over a month on this case are nothing short of heroes. They sent a powerful message to Park West and the cruise lines that sheer greed and deceptive, fraudulent and unfair trade practices by big business will not be tolerated.”
Related posts:
- Park West Gallery: Fine Art Registry Misrepresents Outcome of Federal Trial
- Fine Art Registry vs. Park West Gallery Lawsuit Begins its Fourth Week
- First NYC Solo Exhibition for UK-Based Artist Sam Jury at Stephen Haller Gallery
- Exhibition of New Sculptures by Franz West at Gagosian in Rome
- West 8 Chosen by Longwood Gardens to Design 40-Year Master Plan
I have looked in the past few days so that where “Theresa Franks” and her written statements on the Web are classified.
The fact is: The Ten Commandments are the foundation of Christian ethics.
One of those commandments says: Thou shalt not lie!” and Theresa Franks does not follow this rule of ethics!
However, what is the basis for this behavior:
Is it a
social – lie
white lie
purpose – lie
common and / or criminal lie
compulsive, pathological – lie.
The fact is the lie differs from the deception, that deception can be perpetrated without the means of false statement.
The lie is dependent on language: lies can be expressed in any form, can be communicated with in the language, such as text in a newspaper or in sign language.
In Germany it is called:
may be criminally relevant as a lie or slander as a statement of crime such as perjury or false statement. As a special case of deception, a lie also constitutes a crime of fraud. Basically, lying is not a penalty, the same goes for writing lies (except § 348 StGB Falschbeurkundung in office).
From a lie is called only when a serious violation is seen against the customs.
For me, Theresa Franks is categorized in the common criminal or lie with the slope of the compulsive, pathological lies!
Finally, this compulsive pathological lies the morbid desire of a man is to lie. Whether this criminal, this is I cannot judge. What is imperative, however, is the people or businesses from the protection of these, and even if courts have to intervene to do so.
The fact is that the readers of this page is thus made clear that Theresa Franks is a hypocrite!
Fact is that I can show that I stood in email contact between 10.03.2008 and 09.04.2008 with David Phillips/ FAR.
Unmistakably I communicated David Phillips/FAR that no criminal pursuit in Germany is present against the family Albaretto, neither to originals nor to printing graphics.
In addition I am in the possession of different official letters: Minister of State Mr. Neumann – Federal Government Germany, public prosecutor’s office Augsburg, public prosecutor’s office Mannheim, as well as the president of the state criminal police agency bathing Württemberg (superior Ernst Schöller).
Bericht 2
With Salvador Dali and the prints I am working since early 2000.
Outgoing was a visit to the Dali Museum in Figueres (Spain) and the purchase of prints in a gallery that is 100 meters away from the museum.
To this day I am in possession of seven prints from the Albaretto / Les Heures Claires Collection,
and several sheets of Divine Comedy, some of them autographed. Color distribution of Canton 7 and Hell Purgatory Canto 12, La Danse script on Arches, some leaves of the Biblia Sacra, and leaves of WUGUA and P. Argillet.
This is to say that I acquired all these prints in “Figueres”, Germany, Italy and France.
This year in August I was back in Figueres and have the following works from the collection Albaretto / Les Heures Claires in two galleries next to the Dali Museum-seen evidence, photographic evidence:
Melpomène, Uranie, Hommage a Dulcinea, La Sirène, Orient, La baie de Port Lligat, Les trios Elephantine Surrealists, Montres Molles et les Papillons, Les enchanteur of serpents, some leaves from the Divine Comedy, signed and unsigned, as well as leaves of the Biblia Sacra. There is a statement by Joan Manuel Sevillano 17.03.2003, Director / Head of the Foundation Gala-Salvador Dali, in which he stated the following about prints:
If the Foundation recognizes signs of a fake she intervenes. We have for example a few months ago for the first time on court order the destruction of part of the prints obtained, which have proved to be forgeries. The destruction was carried out by the police department to court order.
I myself since mid-2004 the Städelsches Museum Club (Graphic Museum Frankfurt am Main) acceded to sight my prints – independently.
Since 2006, I began to study graphic art itself. This is a small microscope with 20/40- and 80-times magnification and fiber-magnification 10-fold and thread count with 30 times magnification with oblique light.
Now I ask the author of the contribution Disgusted – I am not damaged by Park West?
But further, since early 2002, I questioned in the past and subsequent media reports from Germany, France and Spain on their credibility.
From 2003 I get over again information from the art scene Germany, Spain, Italy and France about Salvador Dali.
2006/2007 I was present at the following court cases in Germany in the courtroom:
Michler / fakes as well as three different cases against the German gallery owners, which acquired Michler / fakes.
Since 2007, I research, especially in old Spanish and French media reports from the period 1980 and 1990.
Since 2000 and until today I am in the above searches in possession of approximately 500 official relevant files of the documents prosecutors, courts, state criminal police offices and lawyers to German court proceedings.
In the case of Theresa Franks / Fine Art Registry, I am working since 2008 to today.
Rainer Schickedanz
Bericht 4,e mail 2008
Betreff: Re: Albaretto IV
Von: “David Phillips”
An: “Rainer Schickedanz”
Datum: 16. Mar 2008 01:08
________________________________________
Dear Rainer,
Thank you very much for sending me these documents.
……………………..
…………………….
Do you mean that if I quote from the documents you sent me, that I mention your name in connection with them?
Thanks again,
David
On Mar 15, 2008, at 3:35 PM, Rainer Schickedanz wrote:
Dear David,
here something to B. V. Demart pro Arte (Mr. Descharnes).
Are you well-known this “final valid judgement” against Mr. Descharnes from 24 September 2001?
Again, mind you, in Germany it gave “never” a judgement against Albaretto because of falsifications whether to originals or graphics.
Furthermore I must say that which says Bruce Hochmann in the interview from 09. November 2007: “Mr. Schoeller therefore has no criminal pursuit against Albaretto from Germany make could there” because “he Schoeller” be not across the border active correspond not the fact “!
In addition me is a statement of the Federal Government Germany present, which should be enough proof. Therein, a bordercrossing criminal pursuit is confirmed should take place because of Dali falsifications on the part of Germany, then would be bordercrossing this by interpole generally possible.
…………………………………………
…………………………………………..
As you saw, the procedure, which I conveyed you, took 8 years (until 2001).
Rainer Schickedanz
Theresa Franks and David Phillips reports on its website Fine Art Registry about that that FAR had led an official interview with the state criminal office Baden-Württemberg in the case, Freiburg-Kornhaus-Germany, prints by Les Heures Claires / Albaretto.
The fact is that this statement by Fine Art Registry, Theresa Franks, is wrong !!!!!
Präsident , LKA Baden-Württemberg, Herr Hiller:
The German public prosecutor had decided that the preliminary investigations by Ernst Schöller not in this case could provide evidence of forgery, as his entire scientific research is extremely buggy!
The fact is that I have an official letter from the President (Superior by Ernst Schöller) of the State Criminal Office Baden-Württemberg of 03.08.2008 am.
In this letter, I confirmed to the President of the State Criminal Office Baden-Württemberg that the LKA BW request an interview with Fine Art Registry has met on 5. and 6. May 2008 and not on 5 March 2008, as it suggests Fine Art Registry, Theresa Franks!
Zitat:
Baden-Württemberg
LANDESKRIMINALAMT
DER PRÄSIDENT
Landeskriminalamt BW Postfach 50 07 29 70337 Stuttgart
Herrn
Rainer Schickedanz
63110 Rodgau
Datum 03.08.2009
Telefon …..
Fax …..
bei der Fine Art Registry handelt es sich um ein Unternehmen, …………..
Einem Interviewwunsch des Unternehmens mit Herrn Schöller ist das Landeskriminalamt Baden- Württemberg am 5./06.052008 nachgekommen.
…………………….
…………………………..
Mit freundlichen Grüßen
Hiller, Präsident
Theresa Franks and Sharon Day are always talking again about Park West of dirty and underhanded tactics!
What credibility has the group of Theresa Franks?
Fact is that Ralf Michler (former expert for the LKA Baden-Wuerttemberg – Ernst Schöller to about 2004) has given to 02.10.2000 an interview to the exhibition from the family Albaretto for the news magazine “Der Spiegel” on pages 318-320.
On page 319 he speaks following public expert’s opinion.
At least 20 of the 140 pictures are fakes!
This statement has been in Germany that triggered the media, such as ART, Welt am Sonntag, Zeit Online etc. which reported from counterfeiting in Augsburg, and therefore also the international Press.
Well the backgrounds:
It is a defamation through scandalous via the media and the art to alienate the truth!
Fact is that Ernst Schoeller has written in an official letter as a police officer to the German public prosecutor on 08.02.2007.
In case of the Descharnes it concerns experts for drawings and paintings of the artist Dali.
Ralf Michler himself refused in the past the valuation of originals of Salvador Dali and referred to Descharnes.
This means, almost 7 years after the statement by Ralf Michler on counterfeiting in Augsburg, which was triggered by national and international press reports on counterfeits in Augsburg, Ernst Schöller actually writes that Ralf Michler has never told about, of Originals by Salvador Dali.
And since Descharnes with certainty the letter of 08.02.2007 knew. And him himself whose content was known, since it’s the one case of counterfeits of Michler (Ralf Michler sold them from ca. 2001) acted, is this testimony evaluated as “collegial lie”!!
But why the lie?
Ralf Michler (former close colleague of Ernst Schöller) had given consciously in 2000 an interview during the exhibition in Augsburg in Spiegel Germany, which has got the only sense to bring the family Albaretto into discredit and that with the knowledge of Descharnes and Ernst Schöller!The conclusion from this is:
And since we are to assume it that Theresa Franks (and Sharon Day) knew this, since on the website of Theresa Franks since 28 August 2008 about 90% of the originals from the show in as Augsburg counterfeit now declare by her.
Thus, should any reader of this web site his own opinion about these two ladies make and ask himself who makes dirty and underhanded tactics!
Thus it is that Frank Hunter violated the copyright because he got photos publishes which were given to Albert Field in reliance to compliance of the copyright.
But it also shows that it was Frank Hunter already well known in 2000 the machinations to the false statement to the Augsburg exhibition of by Ralf Michler!
In conclusion is to say, that the district attorney Augsburg never undertaken an investigation for fakes against the family Albaretto. So as Theresa Franks continues to their readers for years tells fairy tale.
Thus, it is apparent that Theresa Franks defamed about the media through scandals and she mastery the arts to alienate the truth.
Biblia Sacra-prints
The fact is, this is to Salvador Dali’s lifetime, the production technology of the Biblia Sacra prints have been announced!
He, Salvador Dali, has thus allowed as his “graphic print product“and authorized!
Fact is, that Salvador Dali this graphic reproductions during his lifetime and its manufacturing technique never as a poster or even titled as a forgery!
The fact is that the leaves had Biblia Sacra printmaking, the Dali Museum in Figueres, Spain, received at the opening!
Fact is, therefore, that the Fundación Gala Salvador Dali Biblia Sacra the production technology of printing graphics from history been known. And that Salvador Dali himself has the graphic product Biblia Sacra than his graphic product authorized and approved!
Therefore this product can never stay as a controversial to the generally existing view of the technology of art prints of the artist Salvador Dali!
Now, three historical extracts from Spanish press reports that shows that this product is one of the finest graphic works of Salvador Dali.
07 junio 1968 :
El «Premio Internacional
Diano Marina 1968»
ha sido concedido a Dalí
«Premio Internacional
Diano Marina 1968», reservado a
una obra literaria ilustrada aparecida
en 1967, por sus ilustraciones de la «Biblia Sacra, publicada en Italia, por Rizzoli.
La obra de. Salvador Dalí premiada
por este galardón que concede anualmente …
…
La proclamación oficial del premio
se celebrará el quince de junio próximo,
en Diano Marína, con asistencia de
Dalí. — EFE.
23 de noviembre de 1971:
Donación de una Biblic daliniana
al Museo Dalí
Ha sido entregada al Ayuntamiento de
Figueras y con destino al futuro Museo DaIi la Biblia ilustrada por Salvador Dalí, Es
un obsequio del conde Albaretto, de Torino. …
05 agosto 1978:
Los Reyes visitaron
El Museo Dali:
…
La Reina fue obsequiada con un ramo
de flores y seguidamente Sus
Majestades, acompañados por Salvador Dalí y su esposa Gala, así como
por el alcalde de Figueres, realizaron
una detenida visita al Museo y
sus dependencias por espacio de casi
una hora, con explicaciones de su
mejor conocedor, el propio pintor de
Port Lligat, quedando los monarcas
vivamente impresionados de la visita.
Al finalizar la visita, el artista
ampurdanés obsequió ai Rey con
dos tomos de la «Biblia Sacre», ilustrada
por Dalí, con dedicatorias a
Sus Majestades,
…
Thus it is absurd that decades later that this insane German art-investigator and the liar Theresa Franks this to his lifetime Salvador Dali’s – this price-winning graphic prints – titled as a product poster. And Salvador Dali thus defamed by spreading the rumor, it are posters.