Facts

The parties are both businesses that market and sell retro-style dresses - in other words, dresses that are newly made by resemble the styles made popular in the 1930s, 1940s or 1950s. Plaintiff Stop Staring! alleged that defendants Bettie Page Clothing and its owners used marketing materials - specifically a website and catalogs - that had a confusingly similar overall look and feel as Stop Staring's website.

PLAINTIFF'S CONTENTIONS:
Stop Staring! sued Bettie Page Clothing and its owners for, inter alia, trade dress infringement and unfair competition. At trial, Stop Staring! sought actual damages and a disgorgement of defendants' wrongful gain.

Result

The jury found that defendants had intentionally infringed upon Stop Staring!'s trade dress with malice, fraud or reckless disregard for Stop Staring!'s rights. The jury awarded Stop Staring! $500,000, consisting of $250,000 in actual damages and $250,000 in wrongful profits.