Managing Principal Aaron Yeater Testifies on Damages Claims in Copyright Infringement Jury Trial

March 21, 2019

Managing Principal Aaron Yeater provided an analysis of damages being sought in a case involving claims of copyright infringement by the pop-up greeting card designer LovePop against a competitor, Paper Pop Cards, and counterclaims of infringement made by Paper Pop. Paper Pop also claimed that LovePop tortiously interfered with its business and contractual relationships, and sought lost profits from those actions.

In his analysis of Paper Pop’s damages claims, Mr. Yeater maintained that any claims of lost profits or disgorgement due to the alleged infringement of copyrighted designs were unsubstantiated, given the significant differences in the marketing and distribution approaches taken by the two companies. In addition, he provided damages calculations indicating that any lost profits from tortious interference were small.

Ultimately, the jury found for LovePop on all claims, awarding LovePop statutory damages for some infringed card designs and disgorging Paper Pop’s profits for the others.