![]() In a statement, Donnelly said he was now taking legal action “to finally end years of unlawful counterfeiting infringement, enrichment on the sale, and promotion of counterfeit KAWS product. But versions of his works have also become sought after in the form of collectibles, with collaborations with brands like A Bathing Ape, Supreme, and others regularly making headlines within the worlds of fashion, art, and beyond. KAWS’s riffs on characters from SpongeBob SquarePants and The Simpsons, all with their eyes Xed out, have been widely seen within art galleries and outdoors, in the form of large-scale installations. Richard Golub, the lawyer who is representing KAWS, said, “In the art world where lots of artists don’t undertake to protect their works, this is an interesting decision by an artist to step out into the marketplace and put a stop to this.” “These obfuscating, tongue-in-cheek statements are feeble attempts to escape the obvious: the purported KAWS items for sale on the Homeless Penthouse Websites are deliberate fakes,” the suit alleges. It also claims an FAQ page on Homeless Penthouse’s website, accessible as recently as September, dodged answering whether the objects it sells are authentic works that are licensed by their creators. OSell did not immediately respond to a request for comment, and ARTnews was unable to find contact information for Kang.Īccording to the lawsuit, Homeless Penthouse and the other businesses “intentionally, maliciously, willfully and/or recklessly continue to reproduce, copy and prepare derivative works” by KAWS. Donnelly said he would donate any monetary gains from the suit to the New York–based services organization Coalition for the Homeless.Īttempts to reach Anand and Leong via their respective businesses were unsuccessful. Donnelly’s legal team is also seeking to obtain an injunction against Homeless Penthouse and its related entities. The artist alleges that these entities committed trademark and copyright infringement, and is seeking $10 million in punitive damages, as well as up to millions of dollars more in statutory fines for trademark counterfeiting, trademark infringement, unfair competition, trademark dilution, and copyright infringement. On one website bearing its name and logo, Homeless Penthouse’s shop calls itself an “iconic lifestyle brand.” On another website, for what appears to be a network for enrollees in membership program, Homeless Penthouse labels itself “a cultural membership with an exclusive community of artists, musicians and free thinkers.”īut the new lawsuit alleges that Homeless Penthouse is neither of these things, calling it “a vehicle for selling purported KAWS, Supreme and Takashi Murakami items, as well as wall art and custom designs.” ![]() At least one of the entities’ websites appeared to no longer be functional when ARTnews went to press. ![]() ![]() The entities appear to take the form of digital marketplaces, editorial arms, and membership networks, though what each one offers, and whether they are officially connected, is unclear based on each one’s online presence. The lawsuit claims that Anand, Leong, and Kang are involved in a complex grouping of entities, all with similar names to Homeless Penthouse. The Penthouse Theory and Penthouse Collective, as well as OSell DinoDirect China Limited, a shipping company, are also named as defendants. KAWS & Effect: As His Own Fame Grows, Brian Donnelly Avidly Collects Artĭonnelly’s lawsuit was filed against Jonathan Anand, who runs Homeless Penthouse, Penthouse Theory, Hideout.NYC, Incognito, and Young Neon Dylan Jovan Leong Yi Zhi, who the lawsuit claims was formerly an intern for Anand, and who runs the competing Penthouse Collective out of Singapore and David Kang, who the suit accuses of aiding and abetting Anand and Leong. ![]()
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