JUDD FOUNDATION FILES FEDERAL LAWSUIT TO PROTECT LEGACY OF DONALD JUDD

LOS ANGELES, March 27, 2024 /PRNewswire/ -- Judd Foundation—a non-for-profit organization based in New York City and Marfa, Texas which preserves the work and legacy of artist Donald Judd—today filed a federal lawsuit against reality television personality Kim Kardashian and Los Angeles-based design firm Clements Design over inauthentic furniture that Clements Design fabricated and sold to Ms. Kardashian for use in the office of her company, SKKN BY KIM.

In August 2022, Ms. Kardashian posted a video (with more than 3.7 million views) to her personal YouTube channel, which featured knockoff Donald Judd Furniture, a company of Judd Foundation. The designs included two of Donald Judd's most renowned designs: La Mansana Table (two tables) and Chair 84 (numerous chairs) that Ms. Kardashian falsely attributed to being "Donald Judd."  Following the press coverage of the video, on August 15, 2022, Judd Foundation contacted Ms. Kardashian's representatives, who confirmed that the table and chairs were indeed fake. Clements Design knowingly fabricated and sold the fake designs. Judd Foundation's attempt to resolve this matter without litigation was met with delays and excuses from Ms. Kardashian and Clements Design. More than a year later, the video of Ms. Kardashian promoting fake furniture attributed to Donald Judd remains available on her YouTube page to millions of followers and the public at large. 

Each authentic piece of Donald Judd furniture meets the exacting design, fabrication, and material specifications that Donald Judd established during his lifetime. The actions of Clements Design and Ms. Kardashian—and their refusal to properly resolve this matter with Judd Foundation—undermines Judd's legacy and impairs the Foundation's ability to control the quality and goodwill of his iconic designs.

"Donald Judd's furniture is an integral part of his legacy. As an artist's foundation, our primary mission is to protect and preserve his work," said Rainer Judd, President of Judd Foundation and daughter of the late artist. "Ms. Kardashian's furniture is irrefutably fake. The existence of inauthentic furniture undermines the integrity of his original work which includes specifications of design, craftsmanship, and materials. Today, Judd Foundation works directly with select fabricators to maintain the standards of quality he set for his furniture. This requires that all furniture that is made and sold with his name is made by Donald Judd Furniture."

"This case is about protecting the intellectual property rights of Judd Foundation, including its trademarks and copyrights," said Megan K. Bannigan, Partner at Debevoise & Plimpton and counsel to Judd Foundation. "The existence and promotion of fake Donald Judd furniture harms both consumers and Judd Foundation. The fake furniture has caused massive consumer confusion – with millions of Ms. Kardashian's followers being misled to believe that the furniture in Ms. Kardashian's office is real Donald Judd furniture.  It also undermines Judd Foundation's ability to control the quality of the works created using Donald Judd's iconic designs and the goodwill that exists in those creations." 

"If creators' works can simply be usurped with no repercussions and exploited by other people," added Ms. Judd, "what will be the protection for artists and designers to further create in the future?" 

The complaint can be read here.

Judd Foundation is represented by Megan Bannigan of Debevoise & Plimpton, along with David Bernstein, Jared Kagan, Hannah Beattie, James Stramm, and Annie Seminara, and Rusty Selmont of Ervin Cohen & Jessup.

About Judd Foundation
Judd Foundation maintains and preserves Donald Judd's permanently installed living and working spaces, libraries, and archives in New York and Marfa, Texas. The Foundation promotes a wider understanding of Judd's artistic legacy by providing access to these spaces and resources and by developing scholarly and educational programs.

Judd Foundation is a tax-exempt 501(c)(3) not-for-profit organization.

About Debevoise & Plimpton
Debevoise & Plimpton LLP is a premier law firm with market-leading practices, a global perspective and strong New York roots. The Debevoise Intellectual Property Group is recognized by clients and adversaries alike as one of the strongest practices of its kind. Consistently placed in the top-tier by Chambers Global, the Intellectual Property Group enjoys a position of extraordinary prominence, described as "one of only a handful of practices in the United States unanimously hailed as among the very best" by World Trademark Review in 2024.

SOURCE Judd Foundation