Court Orders Defendant to Re-Post Facebook Profile Photo

http://ow.ly/6jIJN

A case summary from the KL/Gates Electronic Discovery Law Case Summary webpage.

The case of Katiroll Co., Inc. v. Kati Roll & Platters, Inc., No. 10-3620 (GEB), 2011 WL 3583408 (D.N.J. Aug. 3, 2011) is an interesting case regarding Facebook posts.  The defendant had posted pictures of a dress, and was accused of trademark infringement.  The defendant took down posts of pictures in question, as per the plaintiff's request.  The plaintiff then sought sanctions against the defendant for failing to preserve the Facebook evidence in the original form that it existed.


The court imposed a ruling that avoided imposition of the sanctions sought by plaintiff but ordered the following alternative solution, "Accordingly, the court concluded that “a less imposing alternative” was “the best solution” and ordered the defendant to replace the picture “for a brief time so that Plaintiff may print whatever posts he thinks are relevant . . .” Thereafter, the picture was to be immediately changed back to the non-infringing image."