In a New York case, the issue of damages involved a Lego interpretation model of the Second Beit Hamikdash, or Second Holy Temple, and an alleged infringement of the copyright on this model (click here to see the model).

Daubert challenge: The court struck the plaintiff’s expert’s damages of a product related to the Temple Product but allowed testimony of damages on the Temple Product. The court also struck the plaintiff’s expert’s testimony that the plaintiff should be awarded lost profits on the Temple Product plus a disgorgement of the defendants’ profits. Both may not be awarded, the court ruled. The court also struck portions of the defendants’ rebuttal testimony and report.

The case is JBrick, LLC v. Chazak Kinder, Inc., 2023 U.S., Dist. LEXIS 174473 (Sept. 28, 2023), and a case analysis and full court opinion are on the BVLaw platform.