adding to this site’s archived situation summaries including combat sports PPV piracy, reasons for judgement were just recently released by the us district Court, WD Kentucky, Louisville Division, assessing damages complying with industrial piracy of the Mayweather v. Ortiz boxing card.
In the recent situation (J & J sports productions Inc. v. Caro) the accused operated a industrial establishment as well as showed the Mayweather v. Ortiz card without paying the industrial sublicencing charge of $2,200.
The Plaintiff sued as well as obtained default judgement. The Plaintiff sought maximum statutory damages of $110,000. In discovering this request excessive as well as awarding damages equivalent to the expense of the industrial sub licence charge the Court noted as complies with –
Based on these facts, J & J sports asks the Court to award the maximum allowance for statutory damages, which would be $110,000 under § 605.[1] (D.N. 38, 38-2) however that amount would be excessive. In a similar situation from this district, J & J sports got $1,000, the statutory minimum, under almost identical circumstances. J & J sports Productions, Inc. v. El Rey Mexican Restaurant, LLC, No. 3:10CV-730-S, 2014 WL 5500501, at *1 (W.D. Ky. Oct. 30, 2014).
In El Rey, the accused illegally televised a fight for six individuals. Id. There was no cover charge, advertising, or promotional activity. The Court discovered that the plaintiff’s evidence of willfulness was weak as well as did not support a discovering that the underlying infraction was embarked on for industrial advantage or personal monetary gain, a necessity under § 605(e)(3)(C)(ii). Id.
Similarly, in Joe Hand Promotions, Inc. v. Camiseta Selección de fútbol de Brasil idea Off, Inc., No. 3:08CV-600-S, 2013 WL 441989, at *1 (W.D. Ky. Feb. 5, 2013), one more situation in this district, the Court awarded somewhat a lot more than the statutory minimum as well as discovered no showing of willfulness. The Court analyzed § 553 instead of § 605, as well as based its determination on “the (1) absence of a cover charge, (2) patronage of 35 to 40 people, (3) the broadcast on one of two televisions on the premises, as Camiseta Cerezo Osaka well as (4) a Camiseta Gamba Osaka lack of info concerning industrial get by the violator.” Id.
There is no material distinction between those cases as well as this one. like the offending establishments in El Rey as well as idea Off, El Tapatio did not fee for entry, as well as did not advertise or promote the broadcast. (D.N. 38-4) There were few patrons. (Id.) as well as like the defendants in El Rey as well as Tipp Off, El Tapatio did not broadcast the fight for industrial advantage or personal monetary gain. Thus, Caro was not a willful violator under § 605(e)(3)(C)(ii). however Caro did breach § 605, resulting in a $2,200 loss for J & J Sports. (D.N. 37, 38) The Court considers an award of $2,200 to be affordable as well as consistent with the functions of the statute.
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