Chosen Figure LLC v. Prabal Gurung, LLC

Background

Chosen Figure LLC, described in the opinion as a photography business, sued Prabal Gurung, LLC, described as a clothing brand, for direct copyright infringement. Chosen Figure alleged that Prabal Gurung posted on its Facebook account a photograph of musician Camila Cabello taken by Chosen Figure, without a license. The post included a caption about Cabello wearing a Prabal Gurung outfit at a Met Gala after-party.

Prabal Gurung failed to appear or respond to the complaint. Chosen Figure moved for a default judgment, asking the court to find liability and award $22,225 in statutory damages, $5,537.50 in attorneys’ fees, and $457 in costs. Magistrate Judge Gary Stein recommended entering a default judgment but awarding $1,500 in statutory damages, $1,000 in attorneys’ fees, and $457 in costs. Chosen Figure objected to the recommendations concerning willfulness, the damages calculation, and attorneys’ fees.

Court’s Analysis

The court overruled Chosen Figure’s objection concerning willful infringement. It explained that allegations in a complaint may establish a defaulting defendant’s liability, but they cannot by themselves establish the amount of damages. The court held that Chosen Figure had not provided enough evidence to show that Prabal Gurung knew of the infringement or acted with reckless disregard or willful blindness. The court therefore agreed that the evidence did not support treating the infringement as willful or applying a larger damages multiplier.

The court also agreed that Chosen Figure had not justified its proposed $4,445 licensing-fee baseline. Chosen Figure had used a Getty Images estimate based on print, display, and television advertising in an advertorial format. The court found that those parameters did not match Prabal Gurung’s limited use in one Facebook post. It approved the Copyright Act’s $750 minimum statutory award as the baseline and, applying the relevant damages factors, awarded twice that amount: $1,500.

Judge Torres sustained in part Chosen Figure’s objection regarding attorneys’ fees. Although the court found that Chosen Figure’s proposed damages figure lacked adequate support, it also found that Chosen Figure had a good-faith basis for believing that its allegations could support its position at the default-judgment stage. The court further found that awarding reasonable fees could encourage copyright holders to protect their rights. It therefore increased the recommended fee award from $1,000 to $3,937.50.

Disposition

The court SUSTAINED IN PART and OVERRULED IN PART Chosen Figure’s objections. It GRANTED IN PART and DENIED IN PART Chosen Figure’s motion for a default judgment. The Clerk was directed to enter a default judgment against Prabal Gurung permanently enjoining it from displaying Chosen Figure’s photograph without a license on its Facebook account or any alternative medium under its control. The judgment awarded Chosen Figure $1,500 in damages, $3,937.50 in attorneys’ fees, and $457 in costs. The court directed the Clerk to close the case.