MCKENZIE v. BRANNAN

UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL MCKENZIE, ) ) Plaintiff, ) ) v. ) Docket No. 2:20-cv-00262-NT ) JAMES W. BRANNAN, et al., ) ) Defendants. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW This case, which comes before me on remand from the First Circuit, concerns two agreements governing the use of the late artist Robert Indiana’s “HOPE” imagery: one entered into in 2008 (the “2008 Agreement”) and one entered into in 2019 (the “2019 Term Sheet”). The parties here disagree as to whether the latter agreement, the 2019 Term Sheet, is a binding, enforceable contract, and, if so,…