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9th Circuit Affirms: Lost Profits Properly Barred In Trade Dress Case

Mealey's (September 1, 2015, 10:42 AM EDT) -- SAN FRANCISCO — A California federal judge did not err in granting a new trial on trade dress infringement allegations, nor in his decision to exclude a plaintiff’s damages expert at the new trial and bar the plaintiff from seeking lost profits, the Ninth Circuit U.S. Court of Appeals ruled Aug. 31 (Stop Staring! Designs v. Tatyana LLC, d/b/a Bettie Page Clothing, No. 13-55051, 9th Cir.; 2015 U.S. App. LEXIS 15388).

(Decision available. Document #16-150921-002Z.)

According to the appellate panel of Circuit Judges Michael J. Melloy,...
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