Boule v. Hutton, 70 F. Supp. 2d 378 (S.D.N.Y. 1999) (defendant’s motion for summary judgment granted in part and denied in part), Boule v. Hutton, 138 F. Supp. 2d 491 (S.D.N.Y. 2001), aff’d in part, rev'd in part, 328 F.3d 84 (2d Cir. 2003), remanded, 320 F. Supp. 2d 132 (S.D.N.Y. 2004).
Précis
This is one of the first cases in which a plaintiff invoked the Lanham Act with respect to an
authenticity
The genuineness or truth of something; in art, the determination or judgment that a work is by the artist to whom it has been attributed.
authenticity claim, albeit unsuccessfully. Plaintiffs Rene and Claude Boulé filed suit against the son and daughter-in-law of Russian Avant-Garde artist Lazar Khidekel for statements they made regarding the authenticity of the Boulés’ collection of Khidekel works. A federal court dismissed the Boulés’ claims under the Lanham Act because . . . .
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