contributing to this site’s archived situation summaries of battle sports piracy judgements, reasons were released this week by the united states district Court, D. Maryland, assessing damages for the industrial piracy of the Cotto v. Alvarez boxing card.

In this week’s situation (Joe Hand Promotions, Inc. v. Luz, LLC) the accused Tele Mare’s Restaurant, Inc. displayed the card in their restaurant without paying the industrial sub licence charges to the Plaintiff who delighted in industrial distribution rights of the program.  The expense would have been $2,200.

The Plaintiff acquired default judgement as well as sought $110,000 in damages for the infringement.  The Court discovered that while damages were required these ought to be far less than sought mostly since there was no pattern or prior infringement, no egregious situations as well as no proof the accused charged a cover charge or otherwise delighted in considerable advantage from their conduct.  In awarding statutory damages of $2,200 as well as even more improved damages of $6,600 district judge Deborah K. Chasanow offered the complying with reasons:

In support of its insurance claim for statutory damages in this case, Plaintiff attaches the affidavit of John Taylor, a personal detective who observed the broadcast on one television inside the Tele Mare’s restaurant on November 22, 2015 at roughly 12:54 a.m. (ECF No. 22-3). The detective paid no cover fee to go into Camiseta Selección de fútbol de Argentina the establishment as well as stayed inside for roughly eight minutes. Mr. Taylor Camiseta FC Porto estimated that the establishment’s capability was roughly 50-75 people, as well as he counted 28 patrons at the establishment. The rate chart indicates that if accused had bought a license, it would have paid $2,200 to display the match in an establishment with a 0-100 person capacity. (See ECF No. 22-6). Accordingly, Plaintiff will be awarded statutory damages under § 605(e)(3)(C)(i)(II) in the amount of $2,200…

Plaintiff likewise seeks improved damages under 47 U.S.C. § 605(e)(3)(C)(ii), which authorizes “the court in its discretion . . . [to] boost the Camiseta CF Monterrey award of damages . . . by an amount of not much more than $100,000 for every violation” of the provision. “In identifying whether improved damages are warranted, other courts in this circuit have wanted to a number of factors: 1) evidence of willfulness; 2) repeated violations over an prolonged period of time; 3) considerable unlawful monetary gain; 4) marketing the broadcast; as well as 5) charging an admission charge or charging premiums for food as well as drinks.” J & J sports Prods., Inc. v. Royster, Civ. No. RWT-11-1597, 2014 WL 992779, at *4 (D.Md. Mar. 13, 2014) (quoting Quattrocche, 2010 WL 2302353, at *2)). Here, the truth that accused intercepted as well as exhibited the broadcast willfully as well as for direct or indirect industrial advantage cannot be doubted. “After all, `[s]ignals do not descramble spontaneously, nor do televisions sets link themselves to cable television distribution systems.’” J & J sports Prods., Inc. v. Castro Corp., Civ. No. 11-188, 2011 WL 5244440, at *4 (D.Md. Nov. 1, 2011) (alteration in original) (quoting Time Warner cable television v. Googuies Luncheonette, Inc., 77 F.Supp.2d 485, 490 (S.D.N.Y. 1999)). On the other hand, accused did not fee a cover fee, as well as there is no indicator that accused participated in such conduct before or after the event or that it advertised the Broadcast.

“Where there are no allegations of repeat habits or otherwise egregious willfulness warranting severe punitive damages, courts in this Circuit have different in awarding improved damages from no improved damages to as much as five times the statutory damage amount.” Quattroche, 2010 WL 2302353, at *3 (emphasis added). As noted in J & J sports Prod., Inc. v. Sabor Latino Rest., Inc., PJM 13-3515, 2014 WL 2964477, at *3 (D.Md. June 27, 2014), “some improved damages are appropriate to deter prospective future unlawful utilizes of communications.” Furthermore, judge Messitte acknowledged that “Where . . . no admission charge was charged, judges in this district have normally multiplied the statutory damages by a element of three to identify improved damages.” Accordingly, improved damages of $6,600 will be awarded. The overall amount of damages will be $8,800.

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