Monterey – Rather than celebrating its two-year anniversary, Monterey’s Dali17 Museum is facing a lawsuit for what its claimants say is profiting illegally off of Spanish surrealist Salvador Dali.

The complaint filed in federal court July 6 by Fundacio Gala-Salvador Dali, the Spanish foundation charged with protecting Dali’s copyright and use of his name and work, claims the museum and its owner Dmitry Piterman have “misappropriated his name and likeness to advertise and promote their museum.”

Signed by copyright attorney Noel M. Cook of Owen, Wickersham & Erickson, it also notes Dali17’s illegal reproduction of and display of copyrighted artworks and the Dali17 mark on merchandise that is sold through the museum.

“Defendants have been informed that their conduct is unlawful, but remain undeterred and continue to advertise and provide goods and services infringing on the Foundation’s intellectual property and publicity rights,” the complaint reads. It also states that the unauthorized use of the Dali17 mark, Dali’s name and likeness, and his works for commercial purposes is damaging the foundation and likely confusing to the consuming public.

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While attorneys for the claimant would not comment, Piterman said in an emailed statement: “We have learned about the complaint filed by the Salvador Dali foundation through media. We have not received nor have we been served with a complaint. We are working with our attorney to vigorously oppose this baseless complaint and defend our right to have a permanent exposition of this great artist in the historically significant area where he has resided.”

Added Katya Semmes, the museum’s co-founder and director: “We’re in talks with them and have been for some time about a resolution that works for everybody.”

In July 2016 some 200 guests including members of local government, media and the artistic community attended a ribbon cutting and private reception for the museum’s opening and premiere of its permanent Dali17 exhibit. Displaying the private collection was made possible through a partnership between Piterman and the Monterey History and Art Association.

According to Piterman, the exposition featuring 543 works including Dali’s original etchings, mixed media, lithographs, sculptures and tapestries, was designed to revive the time Dali lived in Monterey off and on for seven years in the 1940s. At various times from 1941 to 1948, the artist was very involved in the social art scene, even exhibiting vintage-sourced photographs as an early Carmel Art Association Artist member.

At the museum’s opening, Piterman had expressed his desire to share Dali’s best known works.

“I hope it brings memories and fame to the city and back to Dali,” said Piterman at the time, who also noted that the collection had previously only been exhibited in Spain and Belgium and billed it as the second-largest private collection of Dali art in the United States and the first of its kind on the West Coast.

Since opening two years ago, the museum has added a virtual reality tour, a painting workshop, a speaker series and a surrealistic cinema night to its list of offerings. For its first anniversary celebration, it hosted a community mural painting activity based on two of Dalí’s best-known paintings, “Persistence of Memory” and “The Elephants.”

For its part, the foundation has promoted and protected the art of the world-renowned artist for decades and states it is authorized to manage and enforce the intellectual property rights arising from Dali by the Kingdom of Spain. Dali died in 1989.

Semmes cited a June 2016 article in a publication called The Art Newspaper noting the Civil Chamber of Spain’s Supreme Court dismissal of an appeal from the Gala-Salvador Dali foundation. The appeal stemmed from its lawsuit against a Barcelona exhibition producer that had displayed the artist’s sculptural works from a collection organized by his production company. While it found that the company had infringed on the foundation’s trademark and intellectual property rights, it determined that the artist’s image rights had not been damaged.

Carly Mayberry can be reached at 726-4363.