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JS 44C/SDNYREV. 2/2014

JUDGE NATHAN CIVIL COVE^rUJtT IThe JS-44 civil cover sheet and the Information contained herJmBitheBplace nor ._,,, ,l(_ urrKS? 0rmer Pafi? MS-.r83Uir8d by 'aW' except as provlded b* local n,les of "* This form, approved by theSwv^ckLfsheT teteS in SeP'ember 1974'iS reqUired for US8 f ,h8 Clerk 0,Court#****?| 2014

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P^^TIFFS~ DEFENDANTSJeanine Basquiat Heriveaux and Lisane Basquiat, asAdministrators ofthe Christie's IncEstate of Jean-Michel Basquiat, DeceasedATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERCinque &Cinque, P. C 845 Third Avenue, Suite 1400, New York NewYork 10022,(212)759-5515

ATTORNEYS (IF KNOWN)

Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? NoEfresDjudge Previously AssignedIf yes, was this case Vol. Invol. Dismissed. No Q Yes Q If yes, give dateIS THIS AN INTERNATIONAL ARBITRATION CASE? No Efl Yes [~l(PLACE AN[x] IN ONE BOX ONL Y)

. & Case No.

NATURE OF SUITTORTS

ACTIONS UNDER STATUTES

CONTRACT

[J 110[1120[H30[J 140

(1150

INSURANCEMARINEMILLER ACTNEGOTIABLEINSTRUMENTRECOVERY OFOVERPAYMENT*ENFORCEMENTOF JUDGMENTMEDICARE ACTRECOVERY OFDEFAULTEDSTUDENT LOANS(EXCLVETERANS)RECOVERY OFOVERPAYMENTOF VETERAN'SBENEFITSSTOCKHOLDERSSUITSOTHERCONTRACTCONTRACTPRODUCTLIABILITY

FRANCHISE

PERSONAL INJURY

[1310I I 315

[ ] 320

( 1330

AIRPLANEAIRPLANE PRODUCTLIABILITYASSAULT, LIBEL &SLANDERFEDERALEMPLOYERS-LIABILITYMARINEMARINE PRODUCTLIABILITYMOTOR VEHICLEMOTOR VEHICLEPRODUCT LIABILITYOTHER PERSONALINJURY

PERSONAL INJURY FORFEITURE/PENALTY

[]362 PERSONAL INJURY - []610MED MALPRACTICE [ )620

[ I 365 PERSONAL INJURYPRODUCT LIABILITY [ ]625

(1368 ASBESTOS PERSONALINJURY PRODUCTLIABILITY

BANKRUPTCY

[ 1422 APPEAL28 USC 158

[ ] 423 WITHDRAWAL28 USC 157

OTHER STATUTES

1)151N152

I 1153

11160

[ ]190

[]195

11196

REAL PROPERTY

[1210

[1220[ 1230

[J 240[1245

[ 1290

LANDCONDEMNATIONFORECLOSURERENT LEASE J.EJECTMENTTORTS TO LANDTORT PRODUCTLIABILITYALL OTHERREAL PROPERTY

11340[1345

[135011355

[]360

ACTIONS UNDER STATUTES

CML RIGHTS

[ ] 441 VOTING[ J442 EMPLOYMENT[ ] 443 HOUSING/

ACCOMMODATIONS[ 1444 WELFARE[ 1445 AMERICANS WITH

DISABILITIES -EMPLOYMENT

[ ]446 AMERICANS WITHDISABILITIES -OTHER

[ 1440 OTHER CML RIGHTS(Non-Prisoner)

Check if demanded in complaint:

CHECKIFTHIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ OTHERCheck YES only ifdemanded in complaintJURY DEMAND: YES NO

AGRICULTUREOTHER FOOD &DRUGDRUG RELATEDSEIZURE OFPROPERTY21 USC 681LIQUOR LAWSRR 4 TRUCKAIRLINE REGSOCCUPATIONALSAFETY/HEALTHOTHER

PROPERTY RIGHTS

[ I 820 COPYRIGHTS[ 1830 PATENT(X840 TRADEMARK

[ ]630[164011650[ J 660

[ 1690

PERSONAL PROPERTY

[ 1 370 OTHER FRAUD[ 1 371 TRUTH IN LENDING[ 1380 OTHER PERSONAL

PROPERTY DAMAGE[ 1385 PROPERTY DAMAGE

PRODUCT LIABILITY LABOR

[1710

[)720

[1730PRISONER PETITIONS

FAIR LABORSTANDARDS ACTLABOR/MGMTRELATIONSLABOR/MGMTREPORTING &DISCLOSURE ACTRAILWAY LABOR ACTOTHER LABORLITIGATIONEMPL RET INCSECURITY ACT

SOCIAL SECURITY

[ 1861 HIA(1395fT)[ 1862 BLACK LUNG (923)[ J863 DIWC/DIWW (405(g))(1864 SSID TITLE XVI[ 1865 RSI (405(a))

[1510

[ 1530[1535[1540

MOTIONS TOVACATE SENTENCE28 USC 2255HABEAS CORPUSDEATH PENALTYMANDAMUS & OTHER

PRISONER CIVIL RIGHTS

[ 1 550 CIVIL RIGHTS[ 1555 PRISON CONDITION

11740(1790

[1791

IMMIGRATION

[J 462 NATURALIZATIONAPPLICATION

[ 1463 HABEAS CORPUS-ALIEN DETAINEE

[ 1465 OTHER IMMIGRATIONACTIONS

FEDERAL TAX SUITS

1)870 TAXES (U.S. Plaintiff orDefendant)

[ ) 871 IRS-THIRD PARTY26 USC 7609

[ ]400

I 1410(1430[I'50(1460[ 1470

I 1480[ ]490(1810[ 1850

(1875

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STATEREAPPORTIONMENTANTITRUSTBANKS & BANKINGCOMMERCEDEPORTATIONRACKETEER INFLUENCED & CORRUPTORGANIZATION ACT(RICO)CONSUMER CREDITCABLE/SATELLITE TVSELECTIVE SERVICESECURITIES/COMMODITIES/EXCHANGECUSTOMERCHALLENGE12 USC 3410OTHER STATUTORYACTIONSAGRICULTURAL ACTSECONOMICSTABILIZATION ACTENVIRONMENTALMATTERSENERGYALLOCATION ACTFREEDOM OFINFORMATION ACTAPPEAL OF FEEDETERMINATIONUNDER EQUALACCESS TO JUSTICECONSTITUTIONALITYOF STATE STATUTES

IF0SOSTATEIM IS CASE 'S KEUU"ED T0 ACIVIL CASE N0W PENDING IN S.D.N.Y.?JUDGE

.DOCKET NUMBER

NOTE: You must also submit at the ime of filing the Statement of Relatedness form (Form IH-32).

(PLACE AN x INONEBOX ONLY) ORIGINp^""!* 2 Removed from 3 Remanded D 4 Reinstated or Q 5 Transferred from 6 Multidistrict D 7Appeal to Districtrroceeaing State Court from Reopened (Specify District) Litigation Judge from

a. ill parties represented AppellateCourt

C3 b. At least oneparty Is pro ss.

Magistrate JudgeJudgment

(PLACE AN x IN ONEBOXONLY) BASIS OF JURISDICTION 1 U.S. PLAINTIFF 2 U.S. DEFENDANT (Xj 3 FEDERAL QUESTION D4 DIVERSITY

(U.S. NOT A PARTY)IF DIVERSITY, INDICATECITIZENSHIP BELOW.(28 USC 1332,1441)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)(Place an [X] in onebox for Plaintiff and onebox for Defendant)

PTF DEFCITIZEN OF THIS STATE

PTF DEF[ ] 1 [ ] 1 CITIZEN OR SUBJECT OF A

FOREIGN COUNTRY

PTF DEF[ ]3 [ ]3 INCORPORATED and PRINCIPAL PLACE [15 [15OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHER STATE [ ]2 []2 INCORPORATED or PRINCIPAL PLACE [14 [14 FOREIGN NATIONOF BUSINESS IN THIS STATE []6 []6

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)Jeanine Basquiat Heriveaux and Lisane Basquiat, as Administrators of the Estate of Jean-MichelBasquiat, 25 Fifth Avenue, New York, New York 10003

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)Christie's, Inc., 20 Rockefeller Plaza, New York, New York 10020

DEFENDANTS) ADDRESS UNKNOWN^m^SS^^^SSSSSLS^S^ 'HAVE BEEN UNABLE' WITH REAS0N^E DILIGENCE, TO ASCERTAIN THE

Check one: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS Rl MANHATTAN(DO NOT check either box if this aPRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)DATE 3/4/14 SIGNATURE OFATTORf^EY OF RECORD

RECEIPT #

Magistrate Judge is to be designated bythe Clerk ofthe Court.

Magistrate Judge

ADMITTED TO PRACTICE IN THIS DISTRICT[] NON YES (DATE ADMITTED Mo. JJ Yr. 77 )AttorneyBarCode # 3673

|J4/! n*rv.^?^jjis so Designated.

Ruby J. Krajick, Clerk ofCourt by.Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

JL~aJEANINE BASQUIAT HERIVEAUX and LISANE 14 CIV.BASQUIAT, as Administrators ofthe Estate of (ECF Case)Jean-Michel Basquiat, Deceased,

Plaintiffs, -r- o.*ACOMPLAINT^ '^

-against- * j.- V^'rn

CHRISTIE'S, INC., i. % %Jury Trial Demanded -- U

Defendant.

-X

Plaintiffs Jeanine Basquiat Heriveaux and Lisane Basquiat, by their attorneys

Cinque &Cinque, P. C, for their complaint against defendant Christie's, Inc. allege:

JURISDICTION AND PARTTFS

1. Plaintiffs Jeanine Basquiat Heriveaux and Lisane Basquiat are the

Administrators ofthe Estate oftheir brother, Jean-Michel Basquiat, Deceased (the"Estate"), duly appointed as such by the Surrogate's Court, New York County. TheEstate is the owner ofanumber ofthe Artist's works and ofthe copyrights in all works of

art created byJean-Michel Basquiat (the "Artist"). The Estate is also theowner of a

registered "Basquiat" United States trademark for paintings, posters and art prints. The

Estate is charged with aduty ofpreserving the Artist's legacy. In this regard the Estate

formed an Authentication Committee to opine upon the authenticity ofworks attributed tothe Artist.

2. Defendant Christie's, Inc. ("Christie's") is acorporation organized and existingunder the laws ofthe State ofNew York, with its principal place ofbusiness in the State

ofNew York. Christie's is an auctioneer licensed to do business in the State of New

York and is engaged in the business ofbrokering and selling articles ofpersonal property

at public auction. As compensation for its services Christie's shares in the proceeds

received by the seller or consignor and in addition receives apercentage ofthe purchaseprice paid by the buyer.

3. The Court has original subject matter jurisdiction over the first and secondclaims for reliefpursuant to 15 U.S.C. 1121(a), and pendant jurisdiction over the thirdand fourth claims for relief.

BACKGROUND OF ACTION

4. The Artist is awell-known contemporary artist, who passed away on August

12, 1988. Many ofthe Artist's works have been the subject ofconsiderable criticalacclaim and have achieved great commercial success. For example, awork by the Artist

entitled "Dustheads" sold atChristie's on May 15, 2013 for $48,843,750.00.5. In or about mid-February 2014, Christie's published aglossy 148 page catalog

entitled "Jean-Michel Basquiat: Works From The Collection ofAlexis Adler" (the"Catalog") to publicize its March 2014 sales of approximately 50 items purportedlycreated by the Artist (the "Catalog Items"). Physical copies ofthe Catalog were widelydistributed in interstate commerce and the Catalog was made available for public review

on the internet. Christie's plans an open auction ofsome ofthe Catalog Items on March

6, 2014 and an online auction for March 3-17, 2014. Christie's claims that the CatalogItems come from the collection ofAlexis Adler, who purports to have shared an

apartment with the Artist for a number of months between 1979 and 1980. Ms. Adler

claims that the Artist left the Catalog Items in the apartment when he moved out.

6. In or about March of2007 Ms. Adler submitted 7ofthe Catalog Items to the

Authentication Committee ofthe Estate ofJean-Michel Basquiat, 6ofwhich were

authenticated. The remainder of the Catalog Items were not only not authenticated by theAuthentication Committee or the Estate, but also were never submitted to them for

review.

7. Christie's has in the past prior to its auction ofworks purportedly created by the

Artist sought the opinion ofthe Estate as to their authenticity. Such asubmission is a

customary step in an auction house's due diligence investigation into a work's

authenticity before offering the works for sale.

8. The first time the Estate received notice of the existence ofthe Catalog was

approximately February 11, 2014, when the Estate was asked for permission to reproducesome of the Artist's works in the Catalog. The Estate denied Christie's request and hasnot agreed to lend its name to the Catalog.

9. Christie's never submitted any ofthe Catalog Items to the Estate for review.

10. Upon information and belief, Christie's (which purports to have expertise in

contemporary art) never submitted any of the Catalog Items to the Estate for review

because it knows or has reason to believe that many ofthe Catalog Items are of

questionable authenticity due to the facts that: (a) an average person could see that theprinting on the Catalog Items was done by anumber of different individuals; and (b) acasual observer ofcontemporary art would believe that the printing on many ofthe

Catalog Items is clearly not that ofthe Artist. Ifthe Items in the Catalog are not authenticthey are virtually worthless.

11. In an attempt to legitimize the Catalog Items for sale and to mislead the public

into believing that the Estate approved orendorsed the sale, Christie's included the

following notice on the last page ofthe Catalog:

All artwork byJean-Michel Basquiat: 2014 the Estate ofJean-Michel Basquiat/ADAGP, Paris/ARS, New York.

This notice is false, as the Estate denied Christie's request for permission to reproduce

any of the Artist's works in the Catalog. In addition, the notice is false because it implies

that the Estate copyrighted all ofthe artwork in the Catalog and that therefore all ofthe

artwork is authentic. The Estate has not and will not claim ownership of the copyright inall of the artwork in the Catalog since much of it is of questionable authenticity. By itsnotice on the last page of the Catalog Christie's seeks to create the false impression thatall of the artwork in the Catalog, and by extension all of the other Catalog Items, was in

fact created by the Artist and that the Estate authorized or approved their reproduction in

the Catalog. This notice has actually deceived orhas the potential to deceive or confuse a

significant number ofrecipients and viewers ofthe Catalog into believing that the Estate

has sanctioned Christie's sale.

12. Anotice such as the one on the last page ofthe Catalog effectively functions

as an indicator that the Estate has agreed that all ofthe artwork in the Catalog is authentic

and has endorsed the sale of the Catalog Items.

13. By including a copyright notice in the Estate's name after it was denied this

permission, Christie's attempts to deceive and mislead the public into believing that the

Estate authorized the reproduction ofthe artwork in the Catalog and that therefore the

Catalog Items are authentic.

14. Upon information and belief, Christie's included the misleading notice to

increase the auction prices of the Catalog Items and to maximize Christie's income from

their sales. The deceptive notice is material in that it is likely to induce potential bidders

to bid on the Catalog Items.

15. Christie's bad faith and actual malice in including this deceptive notice is

exacerbated by the facts that the Estate denied Christie's request to reproduce any of the

Artist's artworks in the Catalog and never granted any authorization to use the Estate's

name in connection with the auction.

16. Christie's sale of the Items inthe Catalog which the Estate did not authenticate

will damage the Estate as it will put into the marketplace items ofquestionable

authenticity which will decrease the value ofworks actually created by the Artist, a

number ofwhich are owned by the Estate, and also damage the Artist's legacy and theEstate's goodwill.

FIRST CLAIM FOR RELIEF

(False Endorsement)

17. Christie's notice onpage 149 of its Catalog constitutes a false endorsement

and isviolative of 15 U.S.C. 1125(a)(i)(A).

18. By reason ofthe foregoing, plaintiffs are entitled to recover treble damagespursuant to 15 U.S.C. 1117(a).

19. This case is "exceptional" for purposes of15 U.S.C. 1117(a), entitlingplaintiffs to recover reasonable attorneys' fees.

20. Plaintiffs are entitled to injunctive relief restraining Christie's from using theEstate's name in any credits without its prior written consent, pursuant to 15 U.S.C.

1116(a).

SECOND CLAIM FOR RELIEF

(False Advertising)

21. Plaintiffs repeat and reallege the allegations contained in paragraphs "1"through "16."

22. Christie's notice on page 149 of its Catalog constitutes a false advertisement

and isviolative of 15 U.S.C. 1125(a)(i)(B).

23. By reason of the foregoing, plaintiffs are entitled to recover treble damages

pursuant to 15 U.S.C. 1117(a).

24. This case is "exceptional" for purposes of 15 U.S.C. 1117(a), entitlingplaintiffs to recover reasonable attorneys' fees.

25. Plaintiffs are entitled to injunctive relief restraining Christie's from using theEstate's name in any credits without its prior written consent, pursuant to 15 U.S.C.

1116(a).

THIRD CLAIM FOR RELIEF

(Violation of GBL 349 et seq.)

26. Plaintiffs repeat and reallege the allegations contained inparagraphs "1"

through "16."

27. Christie's notice onpage 149 of its Catalog affects thepublic interest inNew

York, the locale of theauction, and constitutes deceptive trade practices and false

advertising inviolation ofNew York General Business Law 349 et seq.

28. By reason of the foregoing, plaintiffs have sustained damages in the minimum

sum of $1 million.

29. Plaintiffs are entitled to injunctive relief pursuant to GBL 349(h), restrainingthe unauthorized use ofthe Estate's name in any ofChristie's catalogs oradvertisements.

30. Plaintiffs are entitled to an award ofreasonable attorneys' fees pursuant to

GBL 349(h).

31. Christie's misconduct is directed to the public and is so gross, wilful and

wanton as to warrant the imposition of punitive damages in the minimum sumof $1

million.

FOURTH CLAIM FOR RELIEF

(Unfair Competition)

32. Plaintiffs repeat and reallege the allegations contained in paragraphs "1"

through "16."

33. Christie's conduct constitutes unfair competition in violation of New York

common law.

34. By reason ofthe foregoing plaintiffhas sustained damages in the minimum

sum of $1 million.

35. Unless Christie's is enjoined itwill continue its wrongful use ofthe Estate'sname.

36. Plaintiffs have no adequate remedy at law.

WHEREFORE, plaintiffs demand judgment:(a) on the First Claim for Relief:

(i) for treble damages pursuant to 15 U.S.C. 1117(a);(ii) for reasonable attorneys' fees pursuant to 15 U.S.C. 1117(a); and

(iii) for injunctive relief pursuant to 15 U.S.C. 1116(a) enjoining andrestraining defendant from utilizing the Estate's name inany credits without the Estate's

prior written authorization;

(b) on the Second Claim for Relief:

(i) for treble damages pursuant to 15 U.S.C. 1117(a);(ii) for reasonable attorneys' fees pursuant to 15 U.S.C. 1117(a); and(iii) for injunctive reliefpursuant to 15 U.S.C. 1116(a) enjoining and

restraining defendant from utilizing the Estate's name in any credits without the Estate's

prior written authorization;

(c) on the Third Claim for Relief:

(i) for compensatory damages in the minimum sum of$1 million;(ii) for injunctive relief pursuant to GBL 349(h) enjoining and restraining

defendant from utilizing the Estate's name in any credits without the Estate's prior writtenauthorization;

(iii) reasonable attorneys fees pursuant to GBL 349(h); and(iv) punitive and exemplary damages in theminimum sum of $1 million.

(d) on the Fourth Claim for Relief:

(i) for compensatory damages in the minimum sum of$1 million; and(ii) for injunctive relief enjoining and restraining defendant from

utilizing the Estate's name in any credits without the Estate's prior written authorization;

(e) on all Claims for Relief for interest, costs and other relief the Court deems justand proper.

DATED: NEW YORK, NEW YORKMARCH |J_, 2014

CINQUE & CINQUE, P. C.

By:_Ja^ P. Cinque4JPC-3673)

Attorneys for Plaintiffs845 Third AvenueSuite 1400New York, New York 10022Telephone No: 212-759-5515Telefax No.: 212-759-7737E-mail: CINOUE845@aol.com

10

14 CIV.(ECF Case)

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

X

JEANINE BASQUIAT HERIVEAUX and LISANEBASQUIAT, as Administrators of the Estate of

Jean-Michel Basquiat, Deceased,

Plaintiffs,

-against-

CHRISTIE'S, INC.,

Defendant.

-X

COMPLAINT

-X

CINQUE & CINQUE, P. C.Attorneys for Plaintiffs845 Third AvenueSuite 1400New York, New York 10022Telephone No: 212-759-5515Telefax No.: 212-759-7737E-mail: CINOUE845@ao1.com