A Manhattan judge wrongly refused to allow a manufacturer and distributor of Polo Ralph Lauren-branded handbags to present key expert testimony in a lawsuit over the clothing maker’s decision to discontinue one of its trademarks, a unanimous appeals panel has ruled.
The Appellate Division, First Department, ruled on Oct. 18 in Wathne Imports v PRL USA, 603250/05, that the expert, who used sales figures from handbag maker Coach Inc. to estimate the profits lost by the plaintiff, Wathne Imports, should be allowed to make his case to a jury, which could evaluate his credibility.
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