Suit filed against Colombian Artist Fernando Botero

Art Brokers USA, Inc. is seeking restitution for alleged claims of unauthorized art reproduction

MAITLAND, FL (Sept. 19, 2005) – Art Brokers USA, Inc. and Publicidad Externa Limitada filed a lawsuit in Broward County against Colombian artist Fernando Botero Angulo to fight accusations of unauthorized art reproduction. On behalf of Art Brokers USA, Inc. and Publicidad Externa Limitada, attorney Alan Garfinkel filed the suit on September 19, 2005, against Botero in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida for tortuous interference and unfair trade practices.

Through a contractual agreement signed by Botero in 1999, Botero granted authority to reproduce his works to the Museum of Antioquia. The agreement was signed as part of Botero’s $200 million charitable donation of his artwork to the museum in order to show his support for his hometown of Medellin, Colombia.

In the agreements, Botero gave the museum the complete dominion, ownership and title to the works of art and the Commercialization Rights to market and sell any products and services relating to the works including without limitation reproductions, posters, catalogues, pendants, lithographs and gold medallions.

The museum contracted Art Brokers USA, Inc. and Publicidad Externa Limitada to oversee reproduction and distribution of his works in the U.S. and all Spanish-speaking countries. The only exception to the agreement was that the museum was not permitted to reproduce the sculptures donated by Botero.

Art Brokers USA, Inc. invested substantial sums of money and effort to realize its contract with the Museum of Antioquia. “I was fulfilling my contractual obligation of reproducing these works and this museum. I have deep admiration and respect for Mr. Botero and only wanted to further his legacy,” said Álvaro Vargas, president of Publicidad Externa Limitada of Colombia.

A portion of the proceeds generated from the art sales were donated back to the museum to support the maintenance of Botero’s works donation. The museum would have received millions of dollars from the sales.

“My clients’ interests were to promote Botero’s work while generating additional revenue streams to support the museum,” said Garfinkel, previous chief legal counsel of the Columbian Chamber of Commerce of Central Florida.  “Art Brokers invested millions to fulfill its contractual obligation to the museum. And, after his full, personal knowledge and approval of Art Brokers’ products and marketing program, Botero, for reasons unknown, began to make false statements to media outlets about the authorization of Art Brokers’ reproductions.”

Shortly after Botero’s accusations against Art Brokers USA, Inc. to the media and among influential persons in the art community, the company could not sustain its business and, as its owner, Marlene Moonjian was forced to go out of business.

“By taking on this project, I had hoped to spread Botero’s brilliant works and legacy to new audiences. I had no idea it was going to cost me my business, passion, dreams and my reputation,” said Marlene Moonjian, president of Art Brokers USA, Inc.

The lawsuit cites that Art Brokers USA, Inc. and Publicidad Externa Limitada were rendered incapable of performing the contracts to which they enjoyed legal rights to fulfill.  The suit cites that Botero intentionally, without justification, interfered with Art Brokers USA, Inc. and Publicidad Externa Limitada contracts. It further states that both companies suffered direct and consequential damages including without limitations its lost investment in the Commercialization Rights, lost sales and lost profits.

“I would like to make clear”, continued Garfinkel, “that I have sincere admiration for Maestro Botero and the people of Colombia. We have no other alternative than to defend the interests of our clients, some of whom are Colombian citizens as well”. 

About Garfinkel Trial Group

The Garfinkel Trial Group is headquartered in the Orlando area and has offices throughout the country. Alan Garfinkel is admitted to the U.S. Supreme Court and has devoted his career to natural disaster law and civil litigation. The Garfinkel Trial Group was named “One of The Most Prestigious Law Firms in America” by Martindale Hubbell. Mr. Garfinkel is listed on the Bar Register of Pre-eminent lawyers and is AV rated.