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SDNY: Hard drive and server fried in some unknown fashion results in dismissal of claims for trademark infringement damages

SDNY: The Fashion Exchange v Hybrid Promotions 14-1354 (Judge Stein).

Plaintiff’s hard drive and server were “fried in some unknown fashion” so it couldn’t establish its damages (page 4). There doesn’t seem to be a lot of other evidence on other aspects of the lawsuit, either. Defendant’s summary motion as to damages granted.

The decision contains a pretty extensive listing of the types of damages possible under the Lanham Act.

Text of decision in The Fashion Exchange v Hybrid Promotions: the fashion exchange damages sdny


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