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Criminal Productions, Inc. v. Evans
United States District Court, W.D. Washington, Seattle
April 4, 2018
CRIMINAL PRODUCTIONS, INC., Plaintiff,
JEREMIE EVANS, an individual; HAI NGUYEN, an individual; PHILLIP BUCHANAN, an individual; JONATHAN VILLALUZ, an individual; and RANDALL THOMPSON, individual, Defendants.
ORDER GRANTING DEFAULT JUDGMENT AND PERMANENT
INJUNCTION AGAINST DEFENDANT RANDALL THOMPSON
HONORABLE RICHARD A. JONES, UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the Plaintiff's motion
for default judgment and permanent injunction against
Defendant. Considering all pleadings and filings of record,
the Court concludes as follows:
1. Plaintiff filed this action against various Doe Defendants
in the United States District Court for the Western District
of Washington for copyright infringement, 17 U.S.C.
§§ 101, et seq. resulting from the illegal copying
and distribution of Plaintiff's motion picture entitled
Criminal, registered with the United States
Copyright Office, Reg. No. PA 1-984-029.
2. Defendant is the responsible party as set forth in the
complaint and, as such, is a proper named defendant in this
3. Service of the amended complaint was effected on the
defaulted Defendant and proof of service was field with the
Court. (Dkt. 26) Defendant failed to answer or otherwise
defend. Plaintiff filed a motion for entry of default, which
was entered. (Dkt. 34)
4. This Court has jurisdiction over the parties and venue is
5. To prevail on a copyright infringement claim, a plaintiff
must establish (1) ownership of a valid copyright and (2)
copying of constituent elements of the work that are
original. Feist Publications, Inc. v. Rural Tel. Serv.
Co., 499 U.S. 340 (1991). Once a default is entered
against a party, all allegations other than damages are
presumed to be true. Geddes v. United Financial
Group, 559 F.2d 557, 560 (9th Cir. 1977).
Plaintiff's allegation that Defendant's infringement
was willful is also taken as true. See Derek Andrew, Inc.
v. Poof Apparel Corp., 528 F.3d 696, 702 (9th Cir. 2008)
(allegation of willfulness deemed admitted on default);
Salyer v. Hotels Com GP, LLC, 2015 U.S. Dist. LEXIS
82171 (W.D. Wash. 2015). Plaintiff's complaint, the
allegations of which must be taken as true, establishes these
6. Plaintiff has valid and enforceable rights in the original
copyrighted work Criminal, registered with the
United States Copyright Office, Reg. No. PA 1-984-029.
7. Defendant has directly, indirectly and/or contributorily
infringed Plaintiff's rights by copying and distributing
or permitting, facilitating and materially contributing to
the infringement of Plaintiff's exclusive rights under
The Copyright Act by others as alleged in the amended
complaint, thereby causing Plaintiff economic harm. This
infringement has been willful.
8. 17 U.S.C. § 502(a) authorizes an injunction to
“prevent or restrain infringement of a
copyright.” Defendant by default has been found liable
for infringement in the instant action and likely possess the
means to continue infringement in the future, meeting the
court's requirements for issuing such an injunction.
9. 17 U.S.C. § 503(b) authorizes the “destruction
or other reasonable disposition” of all copies made or
used in violation of the copyright owner's exclusive
10. In copyright infringement cases a plaintiff may elect
either actual or statutory damages. 17 U.S.C. § 504(a).
“[S]tatutory damages are recoverable without regard to
the existence or provability of actual damages.”
New Form, Inc. v. Tekila Films, Inc., 357 Fed.Appx.
10, 11 (9th Cir. 2009), cert. den. 130 S.Ct. 2405
(2010); Columbia Pictures Television, Inc. v. Krypton
Broad of Birmingham, Inc., 259 F.3d 1186, 1194 (9th Cir.
2001). The Copyright Act provides for statutory damages in a
sum of not less than $750 or more than $30, 000, as the court
considered just, but provides for increase of the award to
$150, 000 in cases of willful infringement. The admitted
facts of this case dictate that Defendant infringed
Plaintiff's registered copyright, warranting enhanced
statutory damages, including for willful infringement. While
the Court has discretion to award the minimum $750 amount for
statutory damages, the amount should be substantial enough to
compensate the plaintiff, punish the defendant and deter
11. 17 U.S.C. § 505 provides for an award of reasonable
attorney's fees. Frank Music Corp. v.
Metro-Goldwyn-Mayer Inc., 886 F.2d 1545, 1556 (9th Cir.
1989) (citing McCulloch v. Albert E. Price, Inc.,
823 F.2d 316, 323 (9th Cir.1987)). District courts should
consider the following nonexclusive actors in determining an
award of attorney's fees: (1) the degree of success
obtained; (2) frivolousness; (3) motivation; (4) the
objective unreasonableness of the losing party's factual
and legal arguments; and (5) the need, in particular
circumstances, to advance considerations of compensation and
deterrence. Love v. Associated Newspapers, Ltd., 611
F.3d 601, 614 (9th Cir. 2010); see also Jackson v.
Axton, 25 F.3d 884, 890 (9th Cir. 1994); Fogerty v.
Fantasy, Inc., 510 U.S. 517, 534 n. 19, 114 S.Ct. 1023,
1033 n. 19 (1994).
12. Plaintiff's success is complete. The claims as deemed
fully admitted are not frivolous. Plaintiff's motivation
is to enforce its rights as it is active in the industry. The
position of Defendant is deemed objectively unreasonable
given their failure to advance any factual or legal arguments
against Plaintiff's claims. See Kirtsaeng v. John
Wiley & Sons, Inc.,136 S.Ct. 1979, 1988-1989
(2016). Additionally, there is an ...
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