This case involves a defendant clothing company that was sued by an online retailer. The retailer sold their goods several online marketplaces and hired an individual to search online marketplaces for counterfeit merchandise. At one point, this individual accidentally reported a legitimate article of clothing that was being listed by the plaintiff retailer on a popular e-commerce site. At this point, the e-commerce site put a comprehensive ban on the plaintiff retailer lasting 8 weeks and restricted their ability to create new alpha-numeric product codes for 6 months. As a result of these measures, the plaintiff retailer alleged that the actions of the defendant cost them at least $4 million. An expert in e-commerce was sought to explain the field to a jury and underscore the fact that the retailer’s conduct was inconsistent with the stated rules of the e-commerce site.
