reasons for judgement were published last week by the us district Court, ND, Ohio, Eastern division ordering a accused to pay a overall of $18,950 in damages as well as attorney’s charges complying with the industrial piracy of UFC 158.
In the recent situation (Joe Hand Promotions, Inc. v. Pickett) the accused operated a industrial establishment that, over the years, bought at least 28 UFC Pay Per view Camiseta Fluminense programs. The accused displayed UFC 158 without paying the industrial sub licencing charges as well as were sued for damages.
The accused admitted wrongdoing with the trial focusing on the proper damages.
Joe Hand was seeking $50,000 in statutory damages with the accused seeking the Court to award less. Ultimately Magistrate judge Kathleen Burke discovered that the Defendants must pay $3,750 in statutory damages (the expense of ordering the event), $7,500 in improved damages to punish the willful piracy as well as a additionally $7,700 in charges as well as costs.
In assessing these damages the Court supplied the complying with reasons:
As specified above, in identifying statutory damages, this Court may think about as well as may award “an amount equal to the permit charge Defendants would have paid if [they] had lawfully bought the ideal to display the Program.” Joe Hand Promotions, Inc. v. McBroom, No. 5:09cv-276(CAR), 2009 WL 5031580, at *4 (M.D.Ga. Dec. 15, 2009). Defendants’ Camiseta Selección de fútbol de Suiza disagreement needs the Court to presume that Defendants would have paid an inaccurate cost of $1,600.00 for the Program just since they had paid that inaccurate cost in the past for other programs. This Court will not speculate or presume that Defendants would have paid a concededly inaccurate amount for the Program on March 16, 2013, had they lawfully bought it. Rather, the Camiseta Rangers FC Court discovers that, based on the rate card supplied by Joe Hand, an establishment with a capability of 475 would have paid $3,750 for the Program. Doc. 37-1. See e.g., J & J sports Prods., Inc., v. Zambrano, No. 4:14-cv-960, 2015 WL 3682588, at *5 (N.D. Ohio June 12, 2015) (calculating statutory damages based on the maximum capability of the restaurant, as supplied on the rate card); McBroom, 2009 WL 5031580, at *6(same); Arboleda, 2009 WL 3490859, at *7 (same). Joe Hand has not supplied evidence relating to the costs it incurred in investigating Barley House’s showing of the Program on March 16, 2013. Accordingly, the Court awards Joe Hand statutory damages in the amount of $3,750.00…
In summary, the evidence shows that Defendants are very first time violators as well as they did not fee a cover or advertise. However, the restaurant was full as well as may have experienced some boosted service from the screen of the Program. Also, the Program was being displayed on several televisions throughout the establishment that night. Additionally, Defendants were conscious of what they needed to do to sub-license programs considering that they had done so lots of times in the past. Doc. 37-1, pp. 5-6, ¶ 19; Doc. 40, p. 3, ¶ 3.
Based on the foregoing, the Court discovers that Defendants conduct was willful as well as that improved damages are warranted. However, the Court discovers that Defendants’ conduct was not so egregious as to warrant an award of $40,000.00 as sought by Joe Hand, which amounts to a lot more than 10 times the amount of the licensing charge for the Program. The Court discovers that improved damages in the amount of $7,500.00, which is double the amount of statutory damages, is proper under the circumstances.
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