Kaws' giant sculpture reopens to crowds

Court lifts injunction. Hong Kong organiser AllRightsReserved is relieved, but Singapore's The Ryan Foundation plans to pursue case.

Helmi Yusof
Published Tue, Nov 16, 2021 · 09:50 PM

    CROWDS returned in force on Tuesday (Nov 16) at the reopened showcase of artist Kaws' 42-metre inflatable sculpture at The Float @ Marina Bay.

    The event organiser AllRightsReserved (ARR) released a statement saying that "justice has prevailed" after the court discharged an earlier injunction to shut down the monumental exhibition titled Kaws: Holiday Singapore and stop the sale of its merchandise.

    Many fans of Kaws were relieved by the court's decision. Some had shown up last Saturday only to be told that it was a VIP preview - and then again on Sunday only to discover the show was closed because of a court injunction obtained by The Ryan Foundation (TRF), which claimed that ARR violated intellectual property rights and misused confidential information.

    But on Monday afternoon, the Hong Kong-based ARR made its legal arguments in the States Court. Subsequently, the injunction was lifted and the show was allowed to reopen. TRF, a Singapore non-profit, has instead been ordered to pay the legal costs incurred by ARR. There will also be an inquiry into the damages caused to the organisers as a result of the temporary closure.

    After the court hearing ended at about 6.30pm on Monday, ARR released a statement two hours later, saying that it "welcomes the Court's judgement" and that it felt "wronged and frustrated" that the show had to be closed on Sunday and Monday. The reopened show will run till Nov 21, and is free for the public.

    "Fortunately, the Court's judgement allows the exhibition to be reopened on Tuesday, so that Kaws: Holiday Singapore can finally enter the hearts of Singaporean citizens. Our company hopes that people can relieve their burdens under the pandemic and relax on the shores of the beautiful Marina Bay," said ARR.

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    Meanwhile, the opposing party TRF also released a statement to the press. It stated: "The injunction is a temporary court remedy only... The full trial for the action will continue to take place where TRF will pursue ARR for breaches of confidence and infringement of its intellectual property rights."

    TRF has also filed contempt of court proceedings because ARR continued to run its VIP preview on Saturday till 7.30pm, after it was served with the injunction at 4.20pm. The show, which is supported by the Singapore Tourism Board (STB), is estimated by observers to cost more than US$1.2 million to mount.

    The Hong Kong-based firm ARR has been working with the US artist Kaws (whose real name is Brian Donnelly) for years to present different variations of Kaws: Holiday in 6 other locations such as Japan, Taiwan and the UK. This was the first time that its show was temporarily shut down.

    The Business Times understands that TRF met ARR in 2019 to organise Kaws: Holiday in Singapore. During the discussions, they came up with the ideas for merchandise, which included dragon boat rowers singlets, a picnic set and handheld fans - all of which reflected the lifestyle themes of the Marina Bay area.

    When negotiations broke down, TRF and ARR decided not to organise the event together. ARR chose to organise the show alone, with support from STB. ARR also launched merchandise similar to the ones conceptualised during the meetings with TRF.

    On Saturday, every piece of merchandise was snapped up by fans hours before the injunction was served.

    TRF founder Ryan Su, a lawyer by profession, told the press: "The hearing on Monday revealed that there have been further breaches of confidence and we will be pursuing those in due course."

    The issue of contempt of court was not brought up in Monday's hearing in the States Court, as such charges are dealt by the High Court.

    ARR said in its statement: "Even under the pandemic's gloom, ARR and Kaws fought every obstacle to bring Kaws: Holiday to its seventh stop: Singapore... We thank everyone for their love and support, as this is what (the artist Kaws) hopes for: to give more people access to art."

    • Kaws: Holiday Singapore will run for free at The Float @ Marina Bay from now till Nov 21

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