contributing to this site’s archived judgments of lawsuits addressing UFC piracy claims, reasons for judgement were released this month by the us district Court, D. South Carolina, ordering a industrial establishment to pay $37,757 complying with piracy of UFC 135.
In the recent situation (Joe Hand Promotions, Inc. v. Upstate Recreation) the Defendants operated a Nightlclub. They displayed UFC 135 however did not purchase the industrial sub-licencing rights from the Plaintiff to do so. The Plaintiff sued as well as acquired default judgement. The nightclub had a maximum occupancy of 300 people as well Camiseta Selección de fútbol de Japón as based on this the sublicencing charge would have been $2,250. The evidence recognized that the most people present during the bouts was eighteen.
In awarding $10,000 in statutory damages, $25,000 in improved damages as well as attorney charges as well as costs Magistrate judge Jacquelyn Austin made the below recommendations which district judge Timothy Cain accepted –
In line with awards suggested and/or awarded in this district for similar violations, the undersigned suggests a statutory damages award of $10,000. See Joe Hand Promotions, Inc. v. Rascals Café, LLC, C/A No. 4:11-2135-TWL-KDW, 2012 WL 4762142, at *5 (Aug. 31, 2012), report as well as suggestion embraced by 2012 WL 4762452 (D.S.C. Oct. 5, 2012) (awarding five times the permit fee); Todd, 2012 WL 2178851 (awarding roughly five times the permit fee). Here, the maximum statutory award is less than five times the permit charge Defendants ought to have paid to lawfully broadcast the Program…
Here, Camiseta Real Madrid in addition to the admissions based on Upstate Recreation’s default as well as Ruegsegger’s failure to respond to Plaintiff’s requests for Admissions, Plaintiff’s president avers that the Program might not have been “mistakenly, innocently, or unintentionally intercepted.” [Doc. 37-6 ¶ 9.] Further, southern paid a cover fee of $25 to go into Leeg’s Nightclub. [Doc. 37-4 at 1.] Although the Court discovers that Defendants’ violations were willful as well as that much more than nominal damages ought to be awarded to deter future violations, the Court does not wrap up that Camiseta Selección de fútbol de Irán the maximum enhancement is suitable in this case. As such, the undersigned suggests an improved damages award of $25,000, or twoand-one-half times the statutory award, according to awards suggested and/or awarded in this district for similar violations.See Rascals Café, LLC, 2012 WL 4762142, at *5 (awarding three times the statutory award); Todd, 2012 WL 2178851 (awarding two times the statutory award).
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