Jiangshan Fenghua Marketing Center and Jindi City Fenghua Art Museum / IP Infringement Lawsuit Case

大地的景观 之 风吹出的褶皱

Project is also known as Hohhot Jindi Jiangshan Fenghua

It has come to the attention of Ken Kelleher Sculpture LLC, that Gemdale Corporation has installed either knowingly, or unknowingly a copy of my sculpture Velocity, at the recently completed project Jiangshan Fenghua Marketing Center and Jindi City Fenghua Art Museum. Using this design, without my prior consent is a violation of international IP law and copyright law. I was not notified, hired, credited for the work, or paid for it.

A press release detailing the lawsuit Ken Kelleher Sculpture is bringing for IP infringement of his sculpture Velocity, against the following parties.

The project is posted on the web here: https://mp.weixin.qq.com/s/XrF6TiBoZo4mOQNPqfeO2Q

Developer: Gemdale Group Northeast Region Hohhot Company, Gemdale Corporation, Gemdale USA
Landscape Design: Andorra Design Shanghai Landscape Group III, also known as Andao and Antao Design Shanghai Landscape. #antaogroup (https://www.antaogroup.com/en-us) Architectural design: Shanghai Bo Tao also known as PTA Shanghai, and PT Architects (http://pta-sh.com.cn/)

Shanghai Sculpture Design: Shenyang Xiongda Sculpture Art Co., Ltd.

Developers: @gemdaleusa #gemdaleusa #gemdale 

Landscape Design:

Sculpture Fabricator, Mr. Xu of XIONGDA sculpture has apologized for making it, but will not reveal who from Gemdale gave him the designs and made the payments. He does acknowledge though that they commissioned it and gave him design files.

Architects: http://pta-sh.com.cn/team - have an image of my sculpture Velocity on their website from another project they did and refuse to acknowledge that they have it, or are even a part of this project

Exhibit A: Velocity being installed at the site

Image showing an unlicensed copy of my sculpture Velocity being installed at the project without my permission. It’s at a height of 9.8 meters. Installation is being performed by Xiongda Sculpture on behalf of Gemdale Corporation.

Exhibit B: Longer video of the project featuring my sculpture Velocity

Exhibit C. Renders of my work confirming my design, authorship and IP

I designed the first version of this sculpture in August of 1998 and posted a refined version of it on Instagram in November 2018. Also showing more current renders to show at the scale the copied version was fabricated. These were presented for a project for another advisor firm in China. In the last 2 years this sculpture has been presented for multiple projects. I fabricated a 50cm size version as a show piece for a gallery show in Miami in 2019. Prior to this I had an offer for a 6 meter tall commission by a collector in Indonesia. It is considered on of my most iconic sculptures. I’ve had it pitched in Korea for a project where it would be 15 meters tall.

PTA Shanghai

In addition we have found that Shanghai Bo Tao also known as PTA Shanghai, and PT Architects (http://pta-sh.com.cn/) have presented my sculpture in renderings for other projects.

This is an additional lawsuit to the one against Gemdale.

Exhibit A. Renders of my work from the PTA Shanghai website used without my permission

This is an additional lawsuit to the one against Gemdale, which PTA used renders of my sculpture for Velocity in a presentation of work there did on this project. Wenzhou Vanke Gu Cui Yinxiu, translated as 温州万科·古翠隐秀 // 作者:ptdesign http://www.pta-sh.com.cn/detailsforcases?article_id=186

They have since been taken down, as of this week. But we are requesting the source file for the sculpture in the renderings as well as retroactive licensing of the images. Also, we are seeking to find if they produced this sculpture at any sites.

Shenyang Xiongda Sculpture Art Co., Ltd

Also know as Xiongda and Mr. XU

Xiongda Sculpture Art Co is located at:

沈阳市沈北新区尹家街道东200米
Tel电话：13840506424 
Contact:许宏磊
Shenyang Shenbei New District Yinjia Street East 200 meters
Tel: 13840506424
Contact: Xu Honglei

Fabricator and designer of the stolen sculpture design for Gemdale Corporation

We are also suing Xu Honglei and Xiongda Sculpture for fabricating, possible designing and installing the sculpture at the Jiangshan Fenghua Marketing Center and Jindi City Fenghua Art Museum. We have reason to believe Mr. Xu has used and sold this design for other projects, and has unauthorized digital copies of this work. He is refusing to cooperate by returning and destroying copies of the file as well as refusing to name the contacts who commissioned the work from Gemdale Corporation, even though he is in daily communication with them.