Davis v. The Gap, Inc.
United States Court of Appeals for the Second Circuit
246 F.3d 152 (2001)
- Written by Sarah Holley, JD
Facts
Davis (plaintiff) was a designer of jewelry worn over the eyes in the manner of eyeglasses. The Gap, Inc. (defendant) was a major international retailer of clothing and accessories. The Gap, without Davis’s authorization, used a photograph of an individual wearing Davis’s copyrighted eyewear in a nationwide advertisement for stores operating under the Gap label. Thereafter, Davis filed suit against the Gap seeking a declaratory judgment of infringement and damages. Davis sought actual damages in the amount of $2.5 million (representing the licensing fee he claimed the Gap should have paid for the unauthorized use) as well as a percentage of the Gap’s profits. The district court granted summary judgment for the Gap after concluding, among other things, that Davis’s claims for actual damages and profits were too speculative. Davis appealed.
Rule of Law
Issue
Holding and Reasoning (Leval, J.)
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