Claim No: IP-2022-000053 - [2025] EWHC 1827 (IPEC)

This is my judgment following the trial of this matter over two days. The claim is primarily for copyright infringement and passing off.

The First Claimant, Shantell Martin MBE (Ms Martin) is a visual artist. In 2017, she created a wall drawing as part of a solo exhibition “Someday We Can” at the SKG Museum in Buffalo, New York. For the purposes of these proceedings, the wall drawing was referred to as the Work. I was not given the dimensions of the Work, but it filled one end of the sculpture court at the SKG Museum as part of a wider installation and therefore appears to be substantial in size – at least 4 metres tall and at least 12 metres long. Ms Martin assigned copyright in the Work to the Second Claimant, Found the Found LLC (Found the Found) on 2 June 2021. The Work is shown here: