Procedure
Injunctive Relief
Permanent Injunction
Mootness
Damages
Polyvore’s website appears to no longer exist. (…) Even if that is the case,
however, BWP’s core claims for damages are unaffected because, “unlike claims
for injunctive relief challenging ongoing conduct, a claim for damages cannot
evade review” since “it remains live until it is settled, judicially resolved,
or barred by a statute of limitations.” Genesis Healthcare Corp. v. Symczyk,
569 U.S. 66, 77 (2013). On the other hand, BWP’s request for a permanent
injunction would now be moot because Polyvore’s defunct website no longer
displays plaintiffs’ photos. See Bank of New York Co. v. Ne. Bancorp, Inc.,
9 F.3d 1065, 1067 (2d Cir. 1993) (holding that requests for injunctions are “mooted
by the occurrence of the action sought to be enjoined”). (John M. Walker, Jr.,
Circuit Judge, concurring in the result).
(U.S. Court of Appeals for the Second Circuit,
April 17, 2019, BWP Media USA Inc., v. Polyvore, Inc., Docket No. 16-2825-cv, Per
Curiam)
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