The Plaintiffs sought damages against the Defendants of “at least $1,900,000, constituting lost profits in the amount of $1,154,385, out-of-pocket mitigation expenses of $299,600, and statutory interest of $477,863. In addition, Plaintiffs claimed additional damages of “$400,000-$500,000” that they claimed would be necessary for them to hire an outside digital marketing firm “to assist in regaining its online presence.” Plaintiffs claimed entitlement to treble their actual damages in accordance with G.L c. 93A. Thus, in total, Plaintiffs sought in this case damages approaching $7 million, plus attorneys’ fees and costs. 

The judge ruled “on the breach of contract claim, I award no damages. There was no bar to using “Unbreakable” in metadata or as a biddable term in Google keyword searches or in the title of and item.