Artist Richard Prince created and sold "Untitled (Portrait of Rastajay92)," which featured, and allegedly infringed on, photographer Donald Graham's photograph "Rastafarian Smoking a Joint." "Rastajay92″ was displayed at the Gagosian Gallery for five weeks with 73 other works.

Gagosian and the gallery sought dismissal of Graham's claims as to indirect and unrealized profits attributable to the alleged infringement by Prince's work "Rastajay92."