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BAKER v. URBAN OUTFITTERS, INC.

No. 01 Civ. 5440(LAP).

431 F.Supp.2d 351 (2006)

Kent BAKER, Plaintiff, v. URBAN OUTFITTERS, INC. and Urban Outfitters Wholesale, Inc., Defendants.

United States District Court, S.D. New York.

May 8, 2006.

Attorney(s) appearing for the Case

Stephen A. Weingrad, New York City, for Plaintiff.

Brian F. McDonough, Drinker, Biddle & Reath, L.L.P., New York City, for Defendants.

MEMORANDUM AND ORDER

PRESKA, District Judge.

Urban Outfitters, Inc. and Urban Outfitters Wholesale, Inc. (collectively "Urban") inadvertently used a single photograph in which Kent Baker ("Baker") claimed rights to an insert in 862 plastic picture frames. Upon being informed of Baker's claims, Urban apologized for its mistake, voluntarily stopped selling the products at issue, and repeatedly offered Baker settlements in amounts that more than doubled...

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