Stop Staring! Designs v. Tatyana, LLC

MEMORANDUM

A jury found Bettie Page Clothing (Bettie Page) infringed Stop Staring! Designs’s (Stop Staring) trade dress. Citing eviden-tiary errors, the district court granted a new trial. It later granted a motion-to exclude Stop Staring’s damages expert in a subsequent trial and to prohibit Stop Staring from seeking lost profits or unjust enrichment. The parties agreed to dismiss all remaining claims, and Stop Staring appealed. We affirm in all respects.

I

Stop Staring sued Bettie Page in March 2009 for trade dress infringement and unfair competition. A jury* awarded Stop Staring, actual damages and-damages for unjust enrichment, -but the district court granted a new trial.

Bettie'Page moved to exclude Stop Staring’s damages expert from a subsequent trial and asked the district court to prohibit Stop Staring from seeking unjust enrichment or lost profit damages. The district court granted Bettie Page’s motion. The parties agreed to dismiss all remaining claims, and Stdp Staring timely appealed.

IF

. A. New Trial on Liability

A district court can grant a new trial “for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of…