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A Miami federal judge ruled this week in favor of the Italian artist Maurizio Cattelan, who, for a few weeks in 2019, was the talk of the art world after his work Comedian, a banana duct-taped to a wall, sold at Art Basel Miami Beach for $120,000.

Joe Morford, an artist who claims he pioneered the act of duct tapping fruit to walls in 2000, has sued Cattelan, claiming that Cattelan based the work on his piece Orange and Banana, in which plastic versions of these fruits were affixed to panels on a wall with duct tape.

Judge Scola noted the significant differences between the works, most importantly “the angle at which [the banana was] placed” and “the exacting standards that Cattelan developed for Comedian’s display.”