Tacon v. Keva Link LLC

Filing 29

ORDER GRANTING 22 MOTION FOR DEFAULT JUDGMENT. Signed by Judge William H. Orrick on 1/18/2023. (jmd, COURT STAFF) (Filed on 1/18/2023)

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Case 3:22-cv-03924-WHO Document 29 Filed 01/18/23 Page 1 of 1 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVE TACON, Plaintiff, 8 9 10 ORDER GRANTING MOTION FOR DEFAULT JUDGMENT v. KEVA LINK LLC, Re: Dkt. No. 22 Defendant. 11 United States District Court Northern District of California Case No. 22-cv-03924-WHO 12 13 Plaintiff Dave Tacon moves for entry of default judgment in this action arising from the 14 alleged infringement of his copyright-protected photograph by defendant Keva Link LLC (“Keva 15 Link”). His motion is GRANTED. As explained in the January 11, 2023, Minute Order, which I 16 incorporate by reference here, the majority of the factors articulated in Eitel v. McCool, 782 F.2d 17 1470, 1471-72 (9th Cir. 1986) support default judgment. See Dkt. No. 27. The only lingering 18 issue was the amount of damages. Id. Tacon then filed a supplemental notice stating that he 19 would accept an award of $7,830 in statutory damages, which the evidence presented supports. 20 Dkt. No. 28. 21 Accordingly, default judgment is entered against Keva Link in the amount of $7,830 in 22 statutory damages, plus $5,587.50 in attorney fees and $641 in costs. Keva Link is also enjoined 23 from continuing to store and display the photograph at issue on its website in order to prevent 24 further infringement. See 17 U.S.C. § 502(a). 25 26 IT IS SO ORDERED. Dated: January 18, 2023 27 28 William H. Orrick United States District Judge

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