contributing to this site’s archived situation summaries of UFC Pay Per view piracy prosecutions, reasons for judgement were released just recently by the us district Court, S.D. Texas, Houston division granting default judgement as well as assessing damages complying with the industrial piracy of UFC 155.
In the recent situation (Joe Hand Promotions, Inc. v. Menendez) the accused displayed UFC 155 in a bar without paying the industrial sub licensing charges to the Plaintiff. The Plaintiff sued as well as sought $60,000 in Camiseta AC Milan damages. The Court discovered this extreme however did examine damages at $4,300 plus costs as well as lawyers fees. In reaching this evaluation Magistrate judge Stephen Smith supplied the complying with reasons:
Joe Hand seeks an injunction, statutory damages in the amount of $60,000, attorneys’ charges in the amount of 1/3 of the overall recovery, plus charges for post-judgment or appellate services, costs, as well as post-judgment interest.
….
Joe Hand has shown that it is an aggrieved celebration under the federal communications Act, 47 U.S.C. §§ 553, 605. Joe Hand has provided evidence that on December 29, 2012 defendants’ establishment exhibited without authorization the event “UFC 155: Dos Santos v. Velasquez II.” The event was shown on 10 televisions, including a big screen projector as well as high meaning televisions. around 150 persons were in attendance. The bar has an Camiseta Atalanta BC estimated seating capability of 200.[1] The industrial sublicense charge for an establishment seating as much as 200 patrons was $1,300 for this event.[2] An attorney charge of $250 per hour for 9.5 hours of work is affordable for an anti-piracy situation such as this.[3]
Based on the evidence of record, the court suggests that default judgment be went into in favor of Joe Hand Promotions, Inc. in the amount of $4,300 statutory damages under 47 U.S.C. § 605(e)(3)(C)(i) as well as (ii); $2,375 for attorneys’ fees; $675.00 in costs, as well as post-judgment rate of interest at the efficient rate on date Camiseta Selección de fútbol de Brasil of entry of judgment.
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