"Frank Silverman, an operator of a martial arts schools, stopped purchasing from Century after seeing the comparison chart in NAPMA's mailing. He explained the importance of the weight and quality of the uniform and their effect on his buying decision: "
"Although there was additional evidence supporting revenue losses, the testimony of Frank Silverman was sufficient to support an award of special damages in this case. Before seeing the comparison chart, Frank Silverman purchased between one thousand and one thousand-two hundred uniforms a year from Century. Aplt. App. at 1667. However, a "NAPMA box" or "NAPMA kit" containing the chart comparing Century's uniforms to IKON's uniforms led him to believe that he was purchasing an inferior product at a higher price. Id. at 1668-70. Silverman testified he began "purchasing then and continue today to purchase all [his] student uniforms from Asian World and Martial Arts," rather than Century. Id. at 1671-72. Silverman stated "once I saw that in print, was able to make a direct comparison, it made me feel that the [Century] uniform was a substandard quality. Even though I had been purchasing for seven years, when you see it in paper like that directly, one to another, that made me put in question the quality of the uniform." Id. at 1686. Losing a major customer such as Silverman was proof of an actual economic loss, which was directly related to the defendants' defamatory conduct. Thus, even assuming arguendo that insufficiency of proof of special damages was preserved for appeal, Century, nevertheless, still met the requirement of proving special damages. "
interesting. i wonder if that is the same Frank Silverman who is the executive director of Maia? :angel: and Maia is owned and operated by century martial arts supply!!