Court order handed down for removal of the name, images and works of Dal\u00ed from the Reial Cercle Art\u00edstic de Barcelona, known as the “Dal\u00ed museum” in this city.<\/p>\n
In a decision dated 12 June 2012, the Commercial Court no. 3 of Barcelona ordered the company Faber G\u00f2tic, S.L. (managed by Juan Javier Bofill) to remove from the Reial Cercle Art\u00edstic de Barcelona located beside Barcelona Cathedral the name Dal\u00ed, photos of the artist and works said to belong to the collection of sculptures he made for Isidro Clot (known as the \u201cClot Collection\u201d). The court decision likewise imposed a penalty on Faber G\u00f2tic for acts of unfair competition by having created the impression that the exhibition had the backing of Fundaci\u00f3 Gala-Salvador Dal\u00ed, on which count Faber G\u00f2tic was ordered to pay an indemnity.<\/p>\n
After repeated attempts to negotiate with Juan Javier Bofill, curator of the exhibition and owner of Faber G\u00f2tic, Fundaci\u00f3 Gala-Salvador Dal\u00ed, together with Demart Pro Arte B.V. (100% owned by the Dal\u00ed Foundation) and VEGAP (the collective arts-management company \u2018Visual Entidad de Gesti\u00f3n de Artistas Pl\u00e1sticos\u2019), brought a lawsuit to end the non-authorised operation being conducted at that exhibition of the trademark, intellectual property and image of Salvador Dal\u00ed, and to file a complaint that the exhibition and its concept and publicity might lead the general public to think that it was organised or backed by Fundaci\u00f3 Gala-Salvador Dal\u00ed.<\/p>\n
Since before 2004, this gallery had been exhibiting a collection of works attributed to Salvador Dal\u00ed, which were presented as items from the \u201cClot Collection\u201d. The exhibition was moreover presented under the name \u201cDAL\u00cd\u201d, thus using the artist\u2019s name and image without the authorisation from the Foundation that is a legal requirement. And works of his were reproduced and exhibited without the required licence from VEGAP, the entity to which the Foundation has entrusted collective management of copyright.<\/p>\n
The decision achieved by the Dal\u00ed Foundation (represented by Albert Segura, Alfons Gili and Anna Vilad\u00e0s, from the firm Roca Junyent) laid down that in contracts between Dal\u00ed and Isidro Clot the former did not authorise reproduction or public communication of the collection. The activity of the defendants therefore involved a breach of the artistic copyright managed by the Foundation. As regards trade marks, the decision declared that the exclusive rights of the Foundation to the name \u201cDAL\u00cd\u201d had been infringed. The decision further declared that the defendants, by reproducing trade marks, works and the image of Dal\u00ed outside the exhibition, in its outdoor display windows, inside the gallery, on pennants, advertising leaflets, publicity posters, etc., created the appearance of a cultural and commercial centre revolving around the figure, work and personality of Dal\u00ed and related with the Dal\u00ed Theatre-Museum in Figueres, managed by the Foundation, thereby confusing customers to the point that they might even think that the Dal\u00ed Museum is the one in Pla\u00e7a de la Catedral in Barcelona, or at least that it is a branch of the Figueres museum.<\/p>\n
On the basis of those background facts, the Judge came down in favour of the Dal\u00ed Foundation, ordering the defendants to remove and destroy all media used for committing the breaches, to remove the name \u201cDAL\u00cd\u201d from the title of the exhibition, and to likewise remove the name, works and image of the artist from any physical media (announcement posters, pennants, promotional materials), while also prohibiting them from operating any work by Salvador Dal\u00ed again in the future without being in possession of the compulsory authorisation from the Foundation or from Vegap. Finally, the decision declared that the defendants had committed acts of unfair competition. Those infringements led to them being ordered to pay an indemnity. The judge also ordered publication of the decision in a Spanish newspaper and on a Spanish radio station.<\/p>\n
The Foundation declares itself satisfied with this outcome, since not only does it mean a further advance in defence and protection of the rights of Salvador Dal\u00ed, but is also important vis-\u00e0-vis other actors in the market who are improperly operating copyright, trademarks or image of Salvador Dal\u00ed.<\/p>\n","protected":false},"excerpt":{"rendered":"
Court order handed down for removal of the name, images and works of Dal\u00ed from the Reial Cercle Art\u00edstic de Barcelona, known as the “Dal\u00ed museum” in this city. In a decision dated 12 June 2012, the Commercial Court no. 3 of Barcelona ordered the company Faber G\u00f2tic, S.L. (managed by Juan Javier Bofill) to […]<\/p>\n","protected":false},"featured_media":4698,"menu_order":0,"template":"","format":"standard","meta":{"_acf_changed":false,"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":""},"categoria-actualitat":[104],"class_list":["post-9190","noticia","type-noticia","status-publish","format-standard","has-post-thumbnail","hentry","categoria-actualitat-gala-salvador-dali-foundation"],"acf":[],"yoast_head":"\n