Keivom v. New Russian Word Inc.
- Ho
- 1:24-cv-03573
- U.S. District Court · Southern District of New York
- 2
In James Keivom v. New Russian Word, Judge Ho adopted a default-judgment recommendation awarding damages, fees, costs, interest, and an injunction.
James Keivom and New Russian Word Inc. The adopted recommendation provides for damages, attorneys’ fees, costs, post-judgment interest, and an injunction barring New Russian Word Inc. from continuing to store or display Keivom’s copyrighted photograph.
What happened
James Keivom sued New Russian Word Inc. in a copyright matter involving the continued storage or display of his copyrighted photograph. A magistrate judge recommended a default judgment against the company.
The recommendation awarded Keivom $8,172.50: $2,750 in copyright statutory damages, $2,500 in Digital Millennium Copyright Act statutory damages, $2,462.50 in attorneys’ fees, and $460 in costs. It also recommended post-judgment interest and a permanent injunction barring the company from continuing to store or display the photograph. The company filed no objections or extension request, so the court found that it waived its right to object or seek appellate review.
Judge Dale E. Ho reviewed the recommendation for clear error and adopted it in its entirety. He directed Keivom to submit a proposed judgment, including a calculation of post-judgment interest, by October 22, 2025.
The detailed version
- Keivom v. New Russian Word Inc. · No. 1:24-cv-03573
- Ho
- Oct. 16, 2025
Background
This copyright matter was referred to Magistrate Judge Robyn F. Tarnofsky for an inquest on damages. In a Report and Recommendation filed May 23, 2025, Magistrate Judge Tarnofsky recommended entering default judgment against New Russian Word Inc. and awarding James Keivom $8,172.50. The recommended amount consisted of $2,750 in statutory damages under the Copyright Act of 1976, $2,500 in statutory damages under the Digital Millennium Copyright Act, $2,462.50 in reasonable attorneys’ fees, and $460 in costs.
The recommendation also called for post-judgment interest under 28 U.S.C. § 1961 and a permanent injunction prohibiting New Russian Word Inc. from continuing to store or display Keivom’s copyrighted photograph.
Objections and Review
The Report and Recommendation gave the parties 14 days after service to file objections and warned that failing to do so would waive the right to object. It also cited Federal Rule of Civil Procedure 72 and 28 U.S.C. § 636(b)(1). No objections or request for more time was filed as of the date of the order.
The court therefore found that New Russian Word Inc. waived its right to object to the recommendation or obtain appellate review. Even without objections, the court reviewed the recommendation for clear error on the face of the record. The court found it well reasoned and supported by the facts and law.
Ruling
Judge Dale E. Ho adopted the Report and Recommendation in its entirety. The order directed Keivom to submit a proposed judgment, including a proposed calculation of post-judgment interest under 28 U.S.C. § 1961, by October 22, 2025.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.