NY Court Enforces Forum Selection Clause In Suit Over Use of Vatican Library Images

In Magi XXI, Inc. v. Stato Della Citta Del Vaticano, 2011 U.S. Dist. LEXIS 94636 (ED NY, Aug. 24, 2011), a New York federal district court enforced identical forum selection clauses in seven sublicense agreements which gave plaintiff the right to use various images from the Vatican Library in producing and marketing candles, chocolate, confections, flowers, gift bags, stamps, wrapping paper, and fundraising materials. The clause required that any disagreements under the sublicense must "be resolved exclusively in the Sovereign State of Vatican City." Plaintiff's lawsuit, brought in New York, alleged fraud, negligence, breach of contract, unjust enrichment, and conversion, claiming defendants failed to provide access to artwork, manuscripts and other Vatican Library items. The court rejected a wide array of arguments against dismissing the case, including the contention that the Pope's role in the Vatican courts would prevent them from being a fair forum. AP reporting on the decision says plaintiff is likely to appeal.