Journals
Wednesday,Aug 12 2009, 06:09:47 PMNew York Resident Removed from Royal Caribbean....
Press Release
New York Resident Removed from Royal Caribbean Cruise Ship
for Criticizing Art Auction Practices
(Oslo, Norway — 28 July 2009) Mark Jacobs, 41, U.S. citizen and resident of Garrison returns to New York after Royal Caribbean forcibly removed him from its Jewel of the Seas cruise ship. Jacobs was left at the Oslo, Norway port on July 26, forcing him to find his way to England where he reunited with his family today for their scheduled return flight to JFK airport. His wife, Elena Pousada, and his two children, Jessica, 15, and Ben, 12, stayed on board in order not to have to pay extra to return to England.
Park West Galleries runs art auctions on over 80 cruise ships working as a contractor for a variety of cruise lines. On this particular 12-day cruise, Park West is running three art auctions on days when the ship is at sea in international waters. Jacobs attended the first auction on July 18, and became concerned that the claims of the auctioneer might not be wholly accurate. Using on-line searching, he found that there were lawsuits and class action suits in addition to many individual stories regarding people being duped by Park West. Jacobs says, "Even though I have never bid at a Park West auction, I became concerned for my fellow vacationers. When I heard there would be two more auctions, I felt I had to let people know about Park West's track record."
On July 25, Jacobs compiled information from on-line sources and drew up a one-page fact sheet (*see below). "I wanted people to know about the lawsuits and accusations of forgery, fraud and inflated valuations so that they could decide for themselves before bidding. I also wanted them to understand that typical consumer protection laws might not apply in international waters," said Jacobs. He printed about 50 copies and distributed these to registered bidders prior to the second auction.
Later that day, Jacobs was summoned to a meeting with the ship's Hotel Director Rodney Darwin and Staff Captain Aladin Hafez. He was told that he would be removed from the ship on the following day at the next stop, Oslo, Norway.
Jacobs said "I was quite surprised, especially since they could point to no rule I had broken. I guess freedom of speech is not protected on Royal Caribbean cruises."
At 3:30pm Oslo time on July 26, ship security requested that Mr. Jacobs voluntarily leave the ship. He refused. Oslo police were brought onto the ship and they informed Jacobs that, regardless of what actually happened on the ship, the police would remove him from the ship at the request of the captain. Jacobs was escorted off the ship by Oslo police.
Jacobs is a teacher at and co-founder of Longview School in Cortlandt Manor.
Friday,Feb 13 2009, 04:29:17 PMFine Art Registry® Press Release
Fine Art Registry® Press Release
David Phillips, Fine Art Registry
206-420-8341
www.fineartregistry.com
dphillips@fineartregistry.com
PARK WEST GALLERY'S CASE AGAINST FINE ART REGISTRY® DISMISSED IN
FEDERAL COURT IN FLORIDA (CASE NO. 08-21711-CIV-UNGARO)
(Phoenix, AZ, Southfield, MI, Miami, FL — 12 February 2009) Park West's defamation case against Fine Art Registry was dismissed by US District Judge Ursula Ungaro on 10 February 2009, "for failure to prosecute in the name of the real party in interest," thus ending Park West Gallery's boasts of a "multi-state legal suit against Fine Art Registry" so frequently repeated in its press releases, paid internet ads, and to dissatisfied customers calling in to request refunds for artwork purchased.
Clearly, Judge Ungaro saw through Park West's thinly veiled attempt to file the same suit in two different states under a different name in an attempt to harass Fine Art Registry and thus prevent further exposure of Park West Gallery's questionable business practices, and FAR® advocacy to victims of these practices. Fine Art Registry has published many case studies, articles and videos, reporting Park West Gallery's sale of inauthentic, overpriced and misrepresented art aboard cruise ships and at its land-based "art auctions".
The judge's decision to dismiss the case came after the plaintiff's (PWG Florida Inc.) attempt to explain why they felt they had the right to file suit. The case was dismissed soon after Park West's much advertised hiring of ex-U.S. Attorney and ex-FBI art team legal advisor, Robert E. Goldman, to represent them in their cases against Fine Art Registry, including this Florida case where he had entered an appearance and taken deposition.
Park West Gallery's duplicate case against Fine Art Registry, filed in Michigan, is still undecided as to jurisdiction, while Park West Galleries has now been sued in Michigan by a large group of dissatisfied customers, for fraud and conspiracy among other allegations. The beleaguered Southfield, Michigan gallery has reportedly withdrawn all of its Salvador Dali prints from all cruise ship art auctions following the release by Fine Art Registry of a documentary in which internationally renowned Dali experts examine a set of one hundred Dali prints sold by Park West to two of the plaintiffs in the Michigan case for close to $500,000, and determined that the signatures on the prints are forgeries.
Lawrence C. Atorthy, senior associate at Kaufman, Payton & Chapa, the Michigan law firm representing Fine Art Registry against Park West, said, "We are pleased that the federal court in Florida saw through the smoke and mirrors thrown up by Park West. Park West's SLAPP lawsuits are designed merely to stifle legitimate scrutiny of its business practices. This Court recognized that PWG Florida, Inc. had no legitimate claim against Fine Art Registry, and the Court acted appropriately. We believe that Park West's lawsuit in Michigan will suffer the same fate."
Theresa Franks, CEO of Fine Art Registry who had been personally named as a defendant in the Florida case was not at all surprised by Judge Ungaro's decision. "It was clear to me from the start that the Florida case filed by Park West was simply part of their ongoing strategy to attempt to silence anyone who tried to expose their practices, by legal bullying. Park West Gallery has a history of using frivolous litigation to accomplish their ends. We will continue to publish the facts as we know them and we expect the Michigan cases to expose Park West Gallery's true character and practices in the near future."
ABOUT FINE ART REGISTRY:
Fine Art Registry® is today's only high
tech solution to the age old problems that have existed in the art
world since before the Ancient Greeks: How to establish provenance,
prove authenticity and ownership, prevent forgery and fakery, deter
theft and, basically, make it possible to create, buy and sell works of
art with the security of knowing that they are what they claim to be.
Full information on FAR® and how the system of tagging and registering
art is available at www.FineArtRegistry.com.
ABOUT KAUFMAN, PAYTON & CHAPA:
Founded in 1975, Kaufman, Payton & Chapa, now has offices in
Farmington Hills, Detroit and Grand Rapids and represents clients
throughout the state of Michigan. Known for the aggressiveness and
tenacity of it attorneys and its results-oriented approach to cases,
the firm represents clients in trial and appellate matters large and
small. For more information visit www.kaufmanlaw.com or contact Jonathan H. Schwartz – (248) 626 5000 JHSchwartz@kaufmanlaw.com.
View the case files below: Read More Here
Tuesday,Jan 6 2009, 04:54:15 PMFine Art Registry® Press Release
David Phillips, Fine Art Registry
206-420-8341
www.fineartregistry.com
dphillips@fineartregistry.com
NEW DOCUMENTARY FROM FINE ART REGISTRY®
EXPOSES HALF MILLION DOLLAR FRAUD
(Phoenix, AZ — 5 January 2009) Global Fine Art Registry, LLC, has produced and released a documentary video in which internationally renowned experts on Salvador Dali and a research scientist examine a set of Dali Divine Comedy prints sold by Park West Gallery for close to half a million dollars, and state their unanimous opinions that the prints bear forged Dali signatures, in addition to a number of other anomalies in the set of boxed prints.
The documentary entitled Divine Comedy? Divine Tragedy? Or Divine Farce? The Great Park West Dali Half Million Dollar Swindle, a 30 minute version and a 10 minute short summary of which can be viewed at www.fineartregistry.com (Divine Comedy? Divine Tragedy? Or Divine Farce? The Great Park West Dali Half Million Dollar Swindle.) is a running record of an investigation organized and filmed by Fine Art Registry and financed by Sharon Day and Julian Howard (Fine Art Registry members and customers of Park West Gallery who bought the Divine Comedy set).
The experts who came together in the warehouse environment of Mana Fine Arts storage facility in Jersey City, New Jersey were Nicolas Descharnes, Paris based expert in Dali originals who is, after his father Robert, the most respected expert on Dali originals in the world today; Frank Hunter, Director of the Salvador Dali Archives, Ltd. of New York, world recognized expert on Salvador Dali's graphic works who assisted Albert Field in the compilation of the definitive Official Catalog of the Graphic Works of Salvador Dali; and Joseph Barabe, an expert in microscopy and scientific examination specializing in art with McCrone Group of Westmont, IL. Sharon Day, owner of the prints, Shaul Shemesh, Operations Manager of Mana Fine Arts in Jersey City, NJ., Teri Franks, CEO of Fine Art Registry, and a video team were also present.
The crate containing the prints, previously unopened except for a brief verification of contents by Shaul Shemesh on its arrival at Mana Fine Arts from Park West Gallery in Southfield, Michigan, was opened and the contents examined by the experts.
The microscope revealed that the prints were woodcuts on Rives paper, as described, and conformed with all requirements of the popular and common sets of Dali prints published by Les Heures Claires, Paris.
However, Nicolas Descharnes and Frank Hunter were adamant and unanimous in their opinion that the penciled signatures attributed to Dali were definite forgeries, not by the hand of the Spanish master.
They found additional anomalies in the set: it contains a mixture of prints with block signatures and prints without (the sets of Dali's illustrations of Dante's Divine Comedy were issued in book form without any signature in the block) showing that the set had been compiled from different sources and was not, as the documentation claimed, "as issued"; two tirage sheets, listing the details of the edition, were missing from the set.
In their opinions, these combined factors but above all the forged signatures, rendered the print set of no value at all. Frank Hunter's opinion was that, without the fake signatures it might be worth $10,000. If the signatures were genuine, estimates of its value ranged between $30,000 and $80,000. A far cry from the $483,828 which Sharon Day and Julian Howard paid to Royal Caribbean Cruises Ltd. on behalf of Park West for them, under Park West's representations that the prints and signatures were valid and that the set, at the price they were asking, was an excellent investment opportunity.
Since Sharon Day and Julian Howard’s offer to return the prints for full refund was refused by Park West, they have filed suit in Michigan against Park West Gallery, its owner Albert Scaglione, gallery director Morris Shapiro, and Royal Caribbean Cruises Ltd., (who declined to offer any help in righting the matter with Park West, even though they were directly involved in the sale and were the named beneficiaries of close to half a million dollars wired by Julian Howard to pay for the art).
"Even if we do not get our full refund, we hope that this documentary will help to prevent others from falling for the same tricks and will help bring some order to the world of Salvador Dali's amazing graphic works," said Sharon Day.
In addition to the documentary, Fine Art Registry is publishing a full length article covering the investigation. There are still a number of questions to be answered and Fine Art Registry is following up with the Director of Les Heures Claires, Daniel David, to try to get to the bottom of the facts surrounding this set of prints.
"This documentary is a step forward in our ongoing efforts to expose fraud and misrepresentation in the art world, wherever we find it," said Fine Art Registry CEO, Teri Franks. "We hope that it will help save others from being duped and will play a part in restoring honesty and fair play in the unregulated art market."
ABOUT FINE ART REGISTRY:
Fine Art Registry® is today's only high tech solution to the age old
problems that have existed in the art world since before the Ancient
Greeks: How to establish provenance, prove authenticity and ownership,
prevent forgery and fakery, deter theft and, basically, make it
possible to create, buy and sell works of art with the security of
knowing that they are what they claim to be. Full information on FAR®
and how the system of tagging and registering art is available at www.FineArtRegistry.com.
View the Park West Half Million Dollar Fraud Documentary Video
Tuesday,Oct 28 2008, 04:46:32 PMFine Art Registry® Press Release
David Phillips, Fine Art Registry
206-420-8341
www.fineartregistry.com
dphillips@fineartregistry.com
Fine Art Registry® Wins Mediation on Domain Name Violation
Against Park West Gallery Hired PR Consultants
(Phoenix, AZ, USA — October 27, 2008) On October 22nd, 2008, the World Intellectual Property Organization Arbitration and Mediation Center ruled in favor of Fine Art Registry and against Park West and its hired PR practitioners in an important case of domain name misappropriation where Park West Gallery consultants had set up a website "aboutfineartregistry.com" for the purpose of slandering Fine Art Registry and advancing their own commercial ends, as detailed in the Administrative Panel Decision, Fine Art Registry versus Cartoon Heaven (Cartoon Heaven being the cover under which the website was set up and operated).
The Notification of Decision document published by the Swiss-based WIPO states:
"For all the foregoing reasons, in accordance with paragraphs
4(i) of the Policy and 15 of the Rules, the Panel orders that the
Domain Name
[The Complainant in the case was Fine Art Registry who filed a formal Complaint with the WIPO Arbitration and Mediation Center when it discovered that its trademark was being used in bad faith as part of a domain name for a website controlled by Park West Gallery designed to slander and disparage Fine Art Registry and promote itself and its associates.]
Fine Art Registry provided WIPO with detailed evidence that the libelous propaganda being disseminated on this website was being generated primarily by Park West surrogate Louis Postel, a freelance design writer, and Tracy Payne and Julia Genatossio of Monsoon Vermont (a PR company) and that all of these were linked with Park West Gallery. The Respondents in this case compounded their guilt by never answering the Panel's communications nor making themselves available for the mediation. WIPO found that the unauthorized use of the trademark along with utilizing false information in registering the domain name was clear evidence of bad faith.
On receiving the WIPO decision, Fine Art Registry victory, Don Lenkszus, of Donald J. Lenkszus, PC, an Intellectual Property attorney with 33 years experience who represented FAR® in the WIPO proceedings said, "It has been my experience that good and trustworthy businesses do not resort to illegal and/or bad faith activities. That is particularly important with respect to businesses where the customers place great reliance on the good faith of a seller. The decision of the World Intellectual Property Organization (WIPO) supports my experience. The decision of the World Intellectual Property Organization (WIPO) is consistent with its prior holdings that organizations such as Park West cannot shield themselves from being called out as acting in bad faith when they misappropriate and misuse the valid trademarks of others."
And Lawrence C. Atorthy of Kaufman, Payton & Chapa, Michigan based law firm representing Fine Art Registry in its court case against Park West Gallery, had the following to say:
"The decision of the World Intellectual Property Organization (WIPO) reinforces what Fine Art Registry has been saying through its website and throughout its litigation with Park West Gallery, Inc. The WIPO has ruled that Park West, apparently acting through its proxies, misappropriated and misused the registered mark of Fine Art Registry and engaged in a deliberate campaign to smear FAR, its most vocal critic. This ruling raises some peculiar questions, such as why Park West would misappropriate Fine Art Registry's mark at the same time it accuses Fine Art Registry of defamation? This ruling is doubtlessly a vindication of Fine Art Registry business practices. At the same time, it is a resounding condemnation of business practices in which the WIPO concluded that Park West engaged. We believe the federal court litigation brought by Park West will conclude similarly."
Fine Art Registry CEO, Theresa Franks was delighted with the WIPO Administrative Panel decision. "This vindicates our position," she said. "We will continue to investigate and report our findings and try to help those victims of Park West Gallery abuses who come to us for assistance."
The full findings and decision can be read here: Fine Art Registry® wins arbitration over Park West's Trademark Infringement
ABOUT FINE ART REGISTRY:
Fine Art Registry® is today's only high tech solution to the age old
problems that have existed in the art world since before the Ancient
Greeks: How to establish provenance, prove authenticity and ownership,
prevent forgery and fakery, deter theft and, basically, make it
possible to create, buy and sell works of art with the security of
knowing that they are what they claim to be. Fine Art Registry also
investigates and reports on art crime in its mission to help bring
order to the world of art. Full information on FAR® and how the system
of tagging and registering art is available at www.FineArtRegistry.com.
Tuesday,Oct 28 2008, 04:41:27 PMWhen Smear Campaigns Lie, they Backfire on the S..
Park West Gallery initiated a smear campaign against Fine Art Registry® to try to silence or discredit FAR® who was publishing a bit too much of the truth about Park West's operations to suit them. Now they have been, as Hamlet put it, "hoist with their own petard".
Hiring PR spin doctors to set up a website and to write and publish false, defamatory statements about Fine Art Registry backfired heavily on Park West Gallery when the World Intellectual Property Organization (WIPO) conducted an impartial investigation into the violation of Fine Art Registry trademarks and found that the Park West PR people had registered a website domain in bad faith so as to benefit commercially by disparaging Fine Art Registry and promoting Park West Gallery and other art professionals. The Panelist who conducted the investigation ordered that the domain name in question, "aboutfineartregistry.com" be transferred to Fine Art Registry.
Much of this story was conducted behind the scenes. Thanks to expert help, Fine Art Registry was able to track down the miscreants, expose their ties to Park West Gallery and take swift action to close down the website with its covert slander.
The story goes back to July of this year when a number of slanderous articles, press releases and blogs began appearing, all attacking Fine Art Registry with vicious lies. These items of propaganda were rapidly traced back to Louis Postel, Tracy Payne, Julia Genatossio, Monsoon Vermont (PR company) and Guerilla PR Girlz, all in Jamaica, Vermont. It was not hard to find that all of these people or entities are or have been employed by Park West Gallery.
Since Park West's practices were being exposed by Fine Art Registry through a series of reports published which contained direct, first-hand stories of people being duped and ripped off by Park West auctioneers at cruise ship art "auctions", it was not a surprise that the propaganda published by these PR spin doctors and the aboutfineartregistry.com website was pro Park West, pro Park West hired appraiser Bernard Ewell and anti Fine Art Registry. It was an obvious attempt to discredit and silence FAR with lies.
Lies have a way of recoiling on the liar and the truth has an uncanny habit of poking its head up through the weeds and blooming vigorously, no matter how hard someone tries to keep it down.
Fine Art Registry has many friends. One of them was able to rapidly track down the sources of the smear campaign and document them and their links to Park West Gallery. It's quite a tale of intrigue all on its own and would probably make a good novel or movie. However, the real life connotations were very sinister, and demonstrate clearly the depths to which people who have something to hide will go in trying to destroy anyone who shines the spotlight of truth on them and their practices. They prefer to work in the dark.
Fine Art Registry instructed its Patent and Trademark attorney, Donald J. Lenkszus, PC, of Scottsdale, AZ, to take the necessary steps to deal with the trademark infringement, libel and slander. He contacted the World Intellectual Property Organization (WIPO) in Geneva, which deals with domain name disputes, who assigned a Panelist, W. Scott Blackmer, a veteran technology lawyer based in Washington DC, Brussells and Salt Lake City, to mediate the case (http://www.blackmerlaw.com/).
In the meantime, perhaps as a result of exposure from Fine Art Registry and independent observers, as well as the arbitration in progress, the websites, blogs, press releases and so on which comprised the Park West Gallery smear campaign against Fine Art Registry mysteriously disappeared one by one. Had the accusations been true, there would have been no need to remove them. Truth is its own defense. One great thing about the world wide web is the fact that you can go back in time and retrieve practically everything that has ever been on it. All the evidence is still available, no matter how hard the perpetrators try to hide it.




