Dolls Kill, Inc. v. RebelsMarket, Inc.
- Maxine Chesney
- 3:24-cv-02818
- U.S. District Court · Northern District of California
- 4
In Dolls Kill v. RebelsMarket, Judge Chesney granted in part and denied in part default judgment, awarding $1.5 million and an injunction but denying costs and fees without prejudice.
Dolls Kill, Inc. received a $1.5 million statutory-damages judgment and an injunction against RebelsMarket, Inc.; RebelsMarket was enjoined from further infringement. Dolls Kill’s request concerning full costs and reasonable attorney’s fees was denied without prejudice.
What happened
Dolls Kill, Inc. v. RebelsMarket, Inc. involved Dolls Kill’s request for a judgment after RebelsMarket failed to respond. The court treated RebelsMarket’s default as admitting that it infringed 30 copyrighted photographs and graphics used to advertise knock-off products, and that the infringement was willful.
The court awarded Dolls Kill $1.5 million in statutory damages, or $50,000 for each of the 30 works. It also approved an injunction barring RebelsMarket from further infringing the works covered by 12 copyright registrations.
Judge Maxine Chesney granted in part and denied in part the motion for default judgment. The court denied Dolls Kill’s request for a ruling that it could recover its full costs and reasonable attorney’s fees, but did so without prejudice to a later request supported by an explanation of why those amounts should be awarded.
The detailed version
- Dolls Kill, Inc. v. RebelsMarket, Inc. · No. 3:24-cv-02818
- Maxine Chesney
- Apr. 3, 2025
Background
Dolls Kill moved for default judgment after the Clerk entered default against RebelsMarket. No opposition was filed. Because of the default, the court treated the complaint’s allegations—other than the amount of damages—as admitted.
The admitted allegations established that RebelsMarket infringed 30 copyrighted photographs and graphics covered by Dolls Kill’s copyright registrations. RebelsMarket used the works on its website to advertise “knock-off products,” and the infringement was admitted to be willful.
Dolls Kill requested statutory damages, an injunction, and a finding that it could later seek its full costs and reasonable attorney’s fees.
Court’s Analysis
The court found that the relevant factors for deciding whether to enter default judgment favored Dolls Kill. Under the Copyright Act, statutory damages for willful infringement may reach $150,000 per work. Dolls Kill requested $4.5 million, the maximum possible recovery based on 30 works.
The court concluded that $50,000 per work was sufficient to deter future infringement without providing a windfall. It therefore awarded $1.5 million in statutory damages, calculated as $50,000 multiplied by 30 works.
The court also found appropriate Dolls Kill’s request for an injunction covering the works in the 12 copyright registrations identified in the complaint. The injunction bars RebelsMarket from further infringing the listed photographs and graphics.
The court declined to make the requested finding concerning costs and attorney’s fees. Under the Copyright Act, such an award requires a particularized, case-by-case assessment, and Dolls Kill had not explained why it was entitled to those amounts. The court therefore denied that part of the request without prejudice, allowing Dolls Kill to present its entitlement in a later motion after judgment.
Disposition
Judge Maxine Chesney granted in part and denied in part Dolls Kill’s motion for default judgment. The court entered judgment for Dolls Kill and against RebelsMarket for $1.5 million, granted the requested injunction concerning the 12 registrations, and denied without prejudice the request for a finding that Dolls Kill could recover its full costs and reasonable attorney’s fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.