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ARTICLE · 02 AUGUST 2021

Update: Redbubble Jury Award Reduced By More Than Half

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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The $520,000 awarded against Redbubble to teen fashion line Brandy Melville by a California jury last month proved to be short-lived.

United StatesIntellectual Property
Kimberly Maynard
Kimberly Maynard
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The $520,000 awarded against Redbubble to teen fashion line Brandy Melville by a California jury last month proved to be short-lived.  On Tuesday, a federal judge granted Redbubble's motion for judgment as a matter of law, slashing the judgment by more than half.

In June, a jury found Redbubble liable for willful contributory counterfeiting and infringement of Brandy Melville's LA Lightning Mark and Heart Mark, which opened the door for treble damages.  The jury assessed those damages at $200,000 for the LA Lightning Mark and $300,000 for the Brandy Melville Heart Mark (the additional $20,000 was for contributory infringement of the marks and unregistered marks).

But, because the evidence presented by Brandy Melville at trial did not show that the products on Redbubble bore hearts that were "remotely similar" to its Brandy Melville Heart Mark, "let alone 'stich-for-stich copies'" amounting to counterfeit products, the Judge reduced the jury award by

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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