After four days of hearing in a federal court in Manhattan, a jury has just ordered Michael McKenzie and his company American Image Art to pay $102 million (95 million euros) to the Morgan Art Foundation. The dispute concerned the unauthorized exploitation of works associated with Robert Indiana (1928-2018), particularly around LOVEhis most famous image designed in the 1960s for the Museum of Modern Art in New York. Michael McKenzie, presented as a former agent or representative of the artist, indicated, through his lawyer, that he was considering an appeal.
The lawsuit also concerned control of a significant part of the artist’s works. The Morgan Art Foundation, a commercial structure long linked to Robert Indiana, obtained in the 1990s, thanks to agreements concluded in 1999 and subsequently supplemented, extensive rights to the reproduction, manufacturing, marketing and promotion of works. She claimed to be the only one able to authorize certain editions, sculptures and sales.
The conflict began in May 2018. The Morgan Art Foundation filed a complaint in Manhattan, on the eve of the artist’s death. She accused Michael McKenzie and American Image Art of having unauthorized works produced and sold under Indiana’s name. According to her, these pieces entered into direct competition with those that she exploited within the framework of the agreements signed with the artist.
The defense disputed these accusations. Michael McKenzie denied any illicit exploitation and questioned the role of the foundation, which he considered too present in the management of the work and its legacy. His lawyers also mentioned movements of works linked to their conservation and maintained that certain practices could have been accepted by the artist.
The dispute took on a new dimension when the evidence was communicated. After a 2021 inspection, the Morgan Art Foundation claimed that approximately 2,500 works were moved from American Image Art without notifying the court or lawyers, and that more than 5,000 documents were withheld or concealed. In 2025, Judge Jennifer Rochon sanctioned Michael McKenzie for repeated refusal to cooperate and concealment of evidence.
These sanctions have weakened the defense. The foundation also presented several concrete elements, including a video showing a mechanical device used to reproduce the artist’s signature on certain prints. Witnesses spoke of forgeries, and writings attributed to Robert Indiana accused Michael McKenzie of being a forger.
The procedure extended over several years. After the 2018 complaint, several counter-complaints were rejected in 2019 and 2020. At the same time, a dispute opposed the artist’s estate to the Morgan Art Foundation. The heirs contested the scope of the agreements concluded and claimed royalties on various operations, in particular sales, loans, donations, catalog raisonné work and the robertindiana.com site. In June 2021, an amicable settlement ended this conflict, leaving Michael McKenzie as the main adversary in the proceedings.
The jury upheld several complaints and set damages at $102.2 million (95 million euros). Of this amount, $6.2 million (5.7 million euros) concerns trademark infringement for 44 LOVE works. The remainder relates to other claims, including copyright infringement and contractual interference. Luke Nikas, attorney for the Morgan Art Foundation, said the verdict helped restore confidence in the market for Robert Indiana’s works. Michael McKenzie’s lawyer indicated that his client was studying possible consequences, including a possible appeal.
