Cawthon v. Qinbojing
- John Koeltl
- 1:22-cv-03015
- U.S. District Court · Southern District of New York
- 22
In Cawthon v. Qinbojing, Judge Koeltl recommended damages, fees, costs, and interest after Defendant defaulted in a copyright case.
Scott Cawthon would receive the recommended damages, attorneys’ fees, costs, and post-judgment interest. Qinbojing is affected by the recommended default judgment and monetary awards. The report is subject to objections and later action by Judge John Koeltl.
What happened
In Cawthon v. Qinbojing, Scott Cawthon accused Qinbojing of selling unauthorized Five Nights at Freddy’s products on Amazon. Qinbojing did not respond to the lawsuit or later court proceedings, and Judge Koeltl had already determined that Cawthon was entitled to a judgment based on that failure to defend.
Magistrate Judge Ona T. Wang reviewed the requested compensation. She recommended $25,000 in copyright damages, $10,809.78 in attorneys’ fees, $402 in costs, and post-judgment interest. She recommended denying pre-judgment interest because Cawthon did not support that request in his damages submission.
Judge Koeltl is the judge to whom the parties must submit any objections within 14 days of receiving the report. The report is a recommendation, not the final ruling described in the opinion.
The detailed version
- Cawthon v. Qinbojing · No. 1:22-cv-03015
- John Koeltl
- Oct. 15, 2024
Background
Scott Cawthon brought a copyright-infringement lawsuit against Qinbojing under the federal Copyright Act. Cawthon alleged that he owned copyrights connected to the Five Nights at Freddy’s franchise and that Qinbojing sold unauthorized apparel depicting protected characters through Amazon.
Qinbojing did not appear or defend the case. After service of the lawsuit and later court papers, the Clerk entered a certificate of default. Judge Koeltl then determined that Cawthon was entitled to a default judgment and referred the case to Magistrate Judge Ona T. Wang to determine damages and other relief. A default judgment is a judgment entered because a defendant failed to respond, rather than after a contested trial.
Copyright Liability
The report accepted the well-pleaded allegations as true for purposes of determining liability, but required evidence supporting the amount of damages. Cawthon submitted copyright-registration certificates for five protected works involving Five Nights at Freddy’s characters. The report found that the products offered by Qinbojing closely resembled protected elements of those works and that the product listing expressly referred to “Five Nights at Freddy’s” and “FNAF.” It concluded that Cawthon established copyright infringement.
The report also found that Qinbojing’s infringement was willful. It relied on the product labels, the apparent knowledge of the franchise, and Qinbojing’s counter-notice challenging Amazon’s removal of the products. Qinbojing’s failure to participate in the case prevented discovery into its profits and expenses.
Damages
Cawthon sought enhanced statutory damages. Because he did not provide evidence of actual losses or Qinbojing’s profits, the report awarded statutory damages instead of calculating actual damages. After considering willfulness, deterrence, the value of the copyrights, the lack of evidence of actual losses, and the parties’ conduct, the report recommended $5,000 for each of five infringed copyrights, for a total of $25,000.
Attorneys’ Fees and Costs
The report found that an award of attorneys’ fees was appropriate because Qinbojing defaulted and deterrence of future infringement supported compensation. Cawthon requested $21,619.55 in fees. The report found that some hourly rates were too high and that approximately 77 billed hours were excessive for this default case. It therefore recommended a 50 percent overall reduction and an award of $10,809.78.
The report recommended $402 in costs, representing the filing fee shown on the docket. It did not rely on other claimed costs because Cawthon did not submit supporting invoices or receipts.
Interest and Recommended Disposition
The report recommended denying pre-judgment interest because Cawthon did not address or support that request in his damages submission. It recommended post-judgment interest under 28 U.S.C. § 1961, calculated from the date judgment is entered until payment.
The report recommends that the court award Cawthon $25,000 in damages, $10,809.78 in attorneys’ fees, $402 in costs, and post-judgment interest. It directs objections to Judge John Koeltl within 14 days after receipt. The report states that failing to object within that period waives objections and prevents appellate review.
Read the full 22-page opinion on CourtListener, the free public archive maintained by the Free Law Project.