Cuffaro v. Fashionisto LLC

Background

Chris Cuffaro brought claims against Fashionisto LLC under the Copyright Act, 17 U.S.C. §§ 106 and 501, and under the Digital Millennium Copyright Act, 17 U.S.C. § 1202(b). Cuffaro alleged that Fashionisto LLC published, without authorization, a copyrighted photograph of English singer and songwriter George Michael. Cuffaro alleged that he owned and had registered the photograph under Copyright Registration Number VA 2-064-720.

Default and Damages Proceedings

Fashionisto LLC did not appear, file an answer, or otherwise respond to the complaint. Cuffaro moved for default judgment. Magistrate Judge Katherine H. Parker conducted a damages hearing and received Cuffaro’s submissions supporting damages, attorneys’ fees, and costs. Fashionisto LLC did not submit materials or appear at the hearing.

Report and Recommendation

Judge Parker recommended that the court enter judgment for Cuffaro and award $1,500 in actual damages for the Copyright Act violation, $2,500 for the Digital Millennium Copyright Act violation, $1,700 in attorneys’ fees, and $440 in costs. No objections were filed. Because there were no objections, the district court reviewed the report for clear error.

Ruling

Judge George B. Daniels found no error in Judge Parker’s analysis and adopted the Report and Recommendation in its entirety. The court granted Cuffaro’s motion for default judgment against Fashionisto LLC. The court ordered final judgment requiring Fashionisto LLC to pay Cuffaro $1,500 in actual damages, $2,500 for the Digital Millennium Copyright Act violation, $1,700 in attorneys’ fees, and $440 in costs.