Stay Frosty Enterprises LLC v. Teespring, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STAY FROSTY ENTERPRISES LLC,

Case No. 19-cv-04607-RS Plaintiff, 11 v. ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT

TEESPRING, INC.,

13 Defendant.

Plaintiff Stay Frosty Enterprises, LLC (“Frosty”) owns a copyright portfolio including military-themed artwork and images; defendant Teespring, Inc. (“Teespring”) operates a website allowing individuals to create custom t-shirts and apparel. Since 2018, Frosty has asserted its right to “actual damages” resulting from Teespring’s alleged infringement of its portfolio. See Complaint, Dkt. 1 at 87. Yet Frosty has not produced, despite Teespring’s repeated prompting, any evidence of having incurred those damages. With fact discovery now closed, Teespring accordingly moves for partial summary judgment establishing Frosty cannot recover actual damages that, apparently, do not exist. Considering the record as a whole, such judgment is plainly warranted. …