Joe Hand Promotions, Inc. v. Rossi

Background

Joe Hand Promotions, Inc. sued Marisol Rossi, individually and in connection with Solace Bar & Grill, Inc. d/b/a Solace Bar & Grill. The complaint alleged that the defendants intercepted and showed, without authorization, a broadcast of the August 26, 2017 boxing match between Floyd Mayweather, Jr. and Conor McGregor. The claims arose under the Copyright Act and sections 553 and 605 of the Communications Act of 1934. The plaintiff sought damages only under section 605.

The plaintiff alleged that defendants could have lawfully obtained a license to show the fight for $6,700. After the defendants failed to answer, the Clerk entered certificates of default against both defendants. The plaintiff then moved for default judgment, seeking $27,515 in damages, $715 in costs, and $4,180 in attorneys’ fees.

Liability

On a default-judgment motion, the court accepted the complaint’s factual allegations—other than allegations about damages—as true. The plaintiff alleged that the defendants pirated the fight through an unauthorized cable signal, satellite signal, and/or internet stream. The plaintiff also submitted evidence that Rossi was listed on Solace Bar & Grill’s liquor license.

The court concluded that the plaintiff was entitled to default judgment on its Communications Act claim against the defendants. It also found the violation willful. The court noted that courts presume willfulness when a program is broadcast without authorization, and the plaintiff submitted an affidavit stating that an investigator paid a $20 cover charge to enter Solace Bar & Grill on the evening of the fight.

Damages

Section 605 permits statutory damages of at least $1,000 and up to $10,000 for each violation, plus up to $100,000 in additional damages for willful violations committed for commercial advantage or financial gain. The plaintiff requested $6,700 in statutory damages and $20,100 in enhanced damages.

The court found the requested damages excessive and awarded $2,500 in statutory damages. In declining to award enhanced damages, the court considered that Solace Bar & Grill appeared to be permanently closed, there was no indication that the plaintiff had previously sought enforcement against these defendants, the establishment did not appear to be a large or upscale venue, and at most 67 people attended. The court also reasoned that the defendants’ profits were likely small and that the plaintiff’s actual losses, apart from speculative reputational injury, were likely nonexistent because the defendants might not have purchased the $6,700 license even if they had not shown the fight illegally.

Attorneys’ Fees and Costs

The court found the requested $4,180 in attorneys’ fees reasonable and awarded the full amount. The request covered 9.8 hours of attorney work at $400 per hour and 2.6 hours of paralegal work at $100 per hour.

The court also awarded the requested $715 in costs, consisting of the $400 filing fee and $315 for service. It found the process server’s fees reasonable and appropriate, and concluded that the filing fee was recoverable.

Disposition

Judge Naomi Reice Buchwald granted the plaintiff’s motion for default judgment. The court awarded $2,500 in damages, $715 in costs, and $4,180 in attorneys’ fees, plus post-judgment interest calculated from the date the Clerk entered judgment at the rate provided by 28 U.S.C. § 1961. The Clerk was directed to enter final judgment for the plaintiff and terminate the pending motion.