Nam v. Anonie LLC
- Clarke
- 1:23-cv-05577
- U.S. District Court · Southern District of New York
- 3
In Nam v. Anonie LLC, Judge Clarke warned that default judgment had not been entered and gave Anonie LLC a chance to respond.
Patrick Nam and Anonie LLC. The order primarily affects Anonie LLC by giving it an opportunity to respond to the requested default judgment and requiring it to appear through licensed counsel.
What happened
In Nam v. Anonie LLC, Patrick Nam alleges that Anonie LLC copied, stored, and displayed his copyrighted photograph on its Instagram account without permission. He seeks damages in the tens of thousands of dollars and an order stopping further use.
The court said Anonie LLC had not answered or otherwise responded and that Nam had asked for a default judgment. The court had not granted that request. It scheduled a December 18, 2023 hearing and gave Anonie LLC until November 30, 2023, to contact the court or file an opposition.
Judge Clarke also ordered Nam to serve Anonie LLC with the default-judgment motion, the order, and the full docket sheet, and to file proof of service. The notice cautioned that a company may appear in federal court only through a licensed lawyer and that continued failure to appear through counsel may lead to default judgment.
The detailed version
- Nam v. Anonie LLC · No. 1:23-cv-05577
- Clarke
- Oct. 30, 2023
Background
Patrick Nam sued Anonie LLC. According to the notice, Nam alleges that Anonie LLC copied, stored, and displayed his copyrighted photograph without a license or permission on the company's Instagram account. Nam seeks damages in the tens of thousands of dollars and an injunction, meaning a court order requiring Anonie LLC to stop using the copyrighted images without permission or authorization. The notice also states that Anonie LLC received written notice of the lawsuit but had not answered or otherwise responded to the court.
Default-Judgment Request
Nam asked the court to enter a default judgment. A default judgment is a final ruling that may be entered when a defendant fails to take action in a case. The court stated that it had not granted the request. It explained that Anonie LLC could still respond and that continued nonparticipation could result in a judgment, with possible collection tools including attachment, liens, or garnishment.
Court’s Orders and Deadlines
The court scheduled a hearing on Nam's default-judgment motion for December 18, 2023, at 12:00 p.m. Eastern Time, by Microsoft Teams. It directed Anonie LLC to promptly notify the court and stated that any contact or opposition had to be made by November 30, 2023. Anonie LLC could address whether it had received earlier notice of the lawsuit and could state factual or legal objections to Nam's claims.
The court cautioned that corporate entities may appear in federal court only through licensed counsel. It further stated that repeated failure by a corporate entity to appear through counsel may result in a default judgment. The court ordered Nam to serve Anonie LLC, within two business days of filing the order, with the default-judgment motion and supporting papers, the order, and a full docket sheet. Nam also had to file proof of service within two business days after service.
This document did not decide whether Anonie LLC infringed Nam's copyright, award damages, issue an injunction, or enter default judgment.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.