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)

Case 3:22-cv-03924-WHO Document 29 Filed 01/18/23 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVE TACON,
Plaintiff,

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ORDER GRANTING MOTION FOR
DEFAULT JUDGMENT

v.
KEVA LINK LLC,

Re: Dkt. No. 22

Defendant.

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United States District Court
Northern District of California

Case No. 22-cv-03924-WHO

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Plaintiff Dave Tacon moves for entry of default judgment in this action arising from the

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alleged infringement of his copyright-protected photograph by defendant Keva Link LLC (“Keva

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Link”). His motion is GRANTED. As explained in the January 11, 2023, Minute Order, which I

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incorporate by reference here, the majority of the factors articulated in Eitel v. McCool, 782 F.2d

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1470, 1471-72 (9th Cir. 1986) support default judgment. See Dkt. No. 27. The only lingering

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issue was the amount of damages. Id. Tacon then filed a supplemental notice stating that he

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would accept an award of $7,830 in statutory damages, which the evidence presented supports.

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Dkt. No. 28.

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Accordingly, default judgment is entered against Keva Link in the amount of $7,830 in

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statutory damages, plus $5,587.50 in attorney fees and $641 in costs. Keva Link is also enjoined

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from continuing to store and display the photograph at issue on its website in order to prevent

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further infringement. See 17 U.S.C. § 502(a).

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IT IS SO ORDERED.
Dated: January 18, 2023

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William H. Orrick
United States District Judge