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Case Summary

Boulé v. Hutton

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).

This is one of the first cases in which a plaintiff invoked the Lanham Act with respect to an 

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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