The first of the Indiana download cases has proceeded to a Final Judgment and the damage amount awarded by Judge Jane Magnus-Stinson won’t please the hundreds of other Indiana defendants still facing a default judgment. After he failed to present a defense to the illegal download of “Maryjane’s Second Visit”, a Default Judgment was entered against the Defendant. The damage award, which includes the maximum allowable copyright damages, tallied in at $151,425. No matter your view on pornography or copyright infringement, that’s a pretty steep fine for the digital equivalent of sneaking in the back door of a nudie show.
What do you think of the judgment? Did the Judge apply discretion in awarding the maximum amount? Either way, Judge Magnus-Stinson has now provided the other Indiana download defendants with an upper limit on how much they should spend on a defense.
Saeilo Enterprises Inc. v. ESCO Imports of Texas Inc.
Court Case Number: 1:13-cv-00365-JMS-MJD File Date: Wednesday, March 06, 2013 Plaintiff: Saeilo Enterprises Inc. Plaintiff Counsel: Darlene R. Seymour, Jeremiah Pastrick of Continental Enterprises Defendant: ESCO Imports of Texas Inc. Cause: Notice of Removal, Trademark Infringement, Trademark Dilution, False Designation of Origin or Sponsorship, False Advertising, Trade Dress Infringement, Common Law Trademark Infringement, Unfair Competition, Theft, Counterfeiting, State Trademark Infringement Court: Southern District of Indiana Judge: Judge Jane Magnus-Stinson Referred To: Magistrate Judge Mark J. Dinsmore
Wine & Canvas Development, LLC v. Rachel Roberts et al
Court Case Number: 1:12-cv-01752-JMS-TAB File Date: Friday, November 30, 2012 Plaintiff: Wine & Canvas Development, LLC Plaintiff Counsel: P. Adam Davis of Davis & Sarbinoff, LLP Defendant: Rachel Roberts, Avraham Levi, Las Vegas Bungee, Inc. Cause: Notice of Removal, Trademark Infringement, False Designation of Origin, Trademark Dilution, Sales of Counterfeit Items/Services, Unfair Competition, Civil Action under the Indiana Crime Victims Act Court: Southern District of Indiana Judge: Judge Jane Magnus-Stinson Referred To: Magistrate Judge Tim A. Baker
The Estate of Bette Davis et al v. Erickson Beamon, Ltd.
Court Case Number: 1:12-cv-01687-JMS-DKL File Date: Friday, November 16, 2012 Plaintiff: The Estate of Betty Davis, CMG Worldwide, Inc. Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP Defendant: Erickson Beamon, Ltd. Cause: Indiana State Statutory Right of Publicity, California State Statutory Right of Publicity, Other Statutory and Common Law Rights of Publicity, Unfair Competition, Common Law Unfair Competition, Unjust Enrichment, Conversion, Deception, Indiana Crime Victims’ Act Court: Southern District of Indiana Judge: Judge Jane Magnus-Stinson Referred To: Magistrate Judge Denise K. LaRue