on the defendant one step up continue to sell the same garments behind the scenes and we as the specifically the same question about because we found at least one garment there was not with the case number three eight well you know you knew that the inventory figure that they gave you was inaccurate that they had actually sold some product after may fifteenth technically in violation of this settlement agreement which you were just ready to sign you knew that and despite that fact you went forward and signed the agreement same question about these specific imo we found in the middle of the case and she denied and i asked double checking and there was a confirmation of the email denying it again so i mean sometimes just go ahead i can ask you about that just suddenly green agreement under which self had the figure of eighteen thousand four hundred offending items yes some of those most of those were already sold some of those were listed as evan torrey you basically in the settlement agreement said to the other side they could go ahead and sell all of the offending items that they have in their possession so tell me why does it make a difference whether the inventory figure was a two thousand five hundred sixty i think that's what what it was or maybe it was a little last in which case the it's all eighteen thousand four hundred there's no dispute i don't think that that's the that's the number of offending items and the other side had the ability to sell it so who cares whether they had sold it in advance or they about twenty thousand two thousand units or eight hundred units you know ten dollars for it's that's not a big deal maybe ten twenty more thousands but when it becomes we think you know that was a sort almost same damages for being from the breach of representation and warranties that you allege before the district court and what was the evidence and where in the record is it but so whatever the confirmation that's what has this your court says and so my question is why is the district court wrong we give you can you give me a record cite as to where you presented evidence to the district court of your damages from the breach of you had you known the truth your decision will be different for you so your argument about willful yes would be better if you had not known in fact that there was in accurate representation by the other side as to what was in their inventory as opposed to what had been sold but you knew at that time that there was a problem in their reporting and at the same time you decided to sign a settlement agreement and to what extent are you waiving any damages claims that you may be entitled to by showing a willful violation so then you can get statutory damages of up to work one hundred  please the court my name is harlan lazarus and turnings for the afternoons unless the court has other questions for me in the only thing i would like to highlight is that among other representations that the appellant made in the settlement agreement is that they had no knowledge of any other infringing garments and as we've just heard frankly for just about the first time  it is conceded that the bait and switch were the laying in wait the trap that the appellant attempted to create for one step up was a deliberate act on the part of the apparent and as otherwise as we have heard the garments have always been fully accounted for the mistake was only as to the item ization of who bought it