Banff Ltd. v. Express, Inc.
United States District Court for the Southern District of New York
921 F. Supp. 1065 (1995)
- Written by Eric Miller, JD
Facts
Retail clothing chain Express, Inc. (defendant) sold a sweater whose design was nearly identical to one copyrighted by manufacturer Banff Ltd. (plaintiff). Banff brought a copyright-infringement suit in federal district court. At trial, Banff argued that it had been ready and able to provide Express with sweaters in the copyrighted design. However, Banff provided little evidence that Express would have bought the sweaters from Banff, and other evidence suggested that Banff’s supply of the sweaters was not adequate to meet Express’s needs. The jury awarded Banff more than $200,000 in actual damages. Express moved for a new trial, contesting the validity of the award.
Rule of Law
Issue
Holding and Reasoning (Scheindlin, J.)
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