Arctic Cat Inc. v. Bombardier Recreational Products, Inc.
Royal Palm Properties, LLC v. Pink Palm Properties, LLC

Castillo v. G&M Realty L.P.

Defendants‐Appellants are developers who destroyed aerosol artwork that Plaintiffs‐Appellees had painted on buildings owned by Defendants‐Appellants. They appeal from a judgment of the United States District Court for the Eastern District of New York (Block, J.) awarding statutory damages to Plaintiffs‐Appellees under the Visual Artists Rights Act of 1990 (“VARA”). We hold that 10 the district court correctly determined that temporary artwork may achieve recognized stature so as to be protected from destruction by VARA and that Plaintiffs‐Appellees’ work had achieved that stature. We also hold that the district court did not err in finding Defendants‐Appellants’ violations of VARA to be willful and that the district court’s award of statutory damages was not an abuse of discretion. Accordingly, the judgment of the district court is AFFIRMED.

Download Castillo v. G&M Realty L.P.


Registering your trademarks is one of the best long-term investments you can make in your business. Contact us today for more information.

Visit Gehrke & Associates, SC.


Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)