Joe Hand Promotions, Inc. v. Infante
- Naomi Buchwald
- 1:20-cv-01650
- U.S. District Court · Southern District of New York
- 7
In Joe Hand Promotions v. Infante, Judge Buchwald granted default judgment and awarded $6,440 for unauthorized boxing-broadcast display.
Joe Hand Promotions, Inc. received a $6,440 judgment against Albin Infante and Mofongo El Mocano Restaurant and Lounge Corp. for unauthorized interception and display of the boxing broadcast.
What happened
Joe Hand Promotions, Inc. sued Albin Infante and Mofongo El Mocano Restaurant and Lounge Corp., alleging they unlawfully intercepted and displayed a January 19, 2019 boxing match for patrons without a license. The defendants did not answer, and the Clerk entered defaults against both.
The court accepted the factual allegations, except those about damages, and found that the defendants violated both the Copyright Act and the Communications Act. It also found the violations willful because the event was promoted and shown on three television sets without authorization.
Judge Naomi Reice Buchwald granted the motion for default judgment, awarding $3,000 under each statute and $440 in filing and service costs, for a total of $6,440. The court directed the Clerk to enter final judgment for Joe Hand Promotions, Inc.
The detailed version
- Joe Hand Promotions, Inc. v. Infante · No. 1:20-cv-01650
- Naomi Buchwald
- Oct. 14, 2020
Background
Joe Hand Promotions, Inc. brought claims against Albin Infante, individually and in connection with Mofongo El Mocano Restaurant and Lounge Corp. The plaintiff alleged that the defendants intercepted and publicly displayed the January 19, 2019 boxing match between Manny Pacquiao and Adrien Broner to patrons without a license. It alleged violations of the Copyright Act, 17 U.S.C. § 504, and the Communications Act of 1934, 47 U.S.C. § 605. The plaintiff also alleged that the defendants could have lawfully obtained broadcast rights for $1,500.
The defendants were served but did not answer. The Clerk entered certificates of default against both defendants, and Joe Hand Promotions moved for default judgment. The plaintiff sought $30,000 in damages under the two statutes.
Court’s analysis
In a default case, the court accepts the plaintiff’s factual allegations as true except allegations concerning damages. The court found that those allegations established that Joe Hand Promotions held exclusive distribution and public-performance rights for the event and that the defendants displayed the event without authorization. The court therefore found the defendants liable under the Copyright Act.
The court also found liability under the Communications Act because the plaintiff alleged that the event originated by satellite and that the defendants intercepted and displayed it without authorization. The court determined that the violations were willful. Mofongo promoted the event on Instagram, and the defendants arranged for it to be broadcast on three television sets without authorization.
The court stated that damages under both statutes were legally permissible because the statutes protect separate rights. But it found the requested $30,000 excessive in light of the injury and the alleged $1,500 licensing fee. It awarded $3,000 in statutory damages under the Copyright Act and $3,000 under the Communications Act. It also awarded $440 in costs, consisting of a $400 filing fee and $40 for service. The opinion states that the plaintiff did not request attorney’s fees.
Disposition
Judge Naomi Reice Buchwald granted the motion for default judgment and awarded damages totaling $6,440. The Clerk was directed to enter final judgment for the plaintiff and terminate the motion at docket entry 17.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.