Artist Danny Casale, also known as Coolman CoffeedanCourtesy the artist, The Art Plug
Artist Danny Casale, who often operates under the pseudonymCoolman Coffeedan, is being sued by the Florida-based company DigiArt, which claims that Casale has repeatedly breached an agreement he and the company entered into that âexpressly gave DigiART the exclusive right to market and offer for sale all non-fungible tokensâ (NFTs) and in which all proceeds were to be split between the parties evenly, according tothe legal complaint. According to sales listed in the complaint, this amounts to millions of dollars owed to the company, which the artist had hired âto take steps to promote Casaleâs digital and physical art and raise his public profile and exposure to an international art collector baseâ.
The agreement, which was signed in May of 2021 and expires in May 2022, details the ways in which DigiArt, along with the digital art dealer Marcel Katz, were enlisted to help drive sales of Casaleâs work, and the complaint notes that their public relations efforts included âCasaleâs official debut at Miami Art Weekâ, for which Katz organised a pop-up show calledUr Special Coffeeat a bagel shop in Miami that for one daysold paper cups of coffee for $1,000on which Casale had drawn.
The complaint details a number of works that Casale âbegan marketing and offering for sale onlineâ, allegedly in breach of the agreement, including a collection he refers to asCoolman's Universethat contains more than 10,000 NFTs. According to the complaint, theCoolman Universecollection sold for $3.6m on the NFT platform Metalink, and âhas now generated a secondary trading volume of over 18,000 Ethereum, or over $50 million on OpenSea, with a 5.6% royalty to Casale on all secondary trading, which converts to over $3 million in royalties for secondary trading aloneâ. TheOpenSea listingfor theCoolman's UniverseNFTs puts the value of trading of Casale's series, as of this writing, at around ETH20,800 ($53.4m). If the complaintâs allegations are true, and if these sales figures are accurate, that alone would represent millions of unpaid dollars due to DigiArt.
Casale allegedly claims that an agreement was never reached, as the complaint states that he argued that there was never a âmeeting of the mindsâ between him and DigiArt, and that the lawsuit was brought about solely because âsuccess breeds litigationâ. A spokesperson for Casale toldThe Art Newspaperthat âthis lawsuit is completely meritless and it will not impactCoolman's Universeâ.
https://www.theartnewspaper.com/2022/03/14/digiart-danny-casale-coolman-coffeedan-lawsuit-nfts