Luminence, LLC v. Top Lighting Corporation et al
ORDER. It is hereby ordered that the Motion for Default Judgment and theRequest for Court to Consider Additional Evidence for Attorneys Fees and Costs After Default Judgment are granted. (ECF Nos. 6 , 9 ). Plaintiff is entitled to $4,500 in s tatutory damages, a permanent injunction, and $4,667.04 in attorney's fees and costs. The Court orders Plaintiff to submit a proposed judgment in accordance with this Order within fourteen days of the date of this Order. Signed by Judge William Q. Hayes on 1/9/2018. (rmc)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 17cv1110-WQH-BLM
TOP LIGHTING CORPORATION;
15 HAYES, Judge:
The matters before the Court are the Motion for Default Judgment filed by
17 Plaintiff Luminence, LLC and the Request for Court to Consider Additional Evidence
18 for Attorneys Fees and Costs After Default Judgment. (ECF Nos. 6, 9).
On May 31, 2017, Plaintiff initiated this action by filing a Complaint against
20 Defendants Top Lighting Corporation and Julius, Inc. (ECF No. 1). Plaintiff brings a
21 cause of action for direct copyright infringement pursuant to 17 U.S.C. § 101 et seq.
22 against Defendants. The Complaint alleges that Plaintiff is a limited liability company
23 that “creates and sells fun and unique fiber optic light-up accessories, including but not
24 limited to, its Glowbys® brand hair attachments.” Id. ¶ 2,7. The Complaint alleges,
25 “On February 26, 2013, Plaintiff obtained a registration with the United States
26 Copyright Office, Registration Number VA 1-897-465, for the photographic work
27 entitled Girl Wearing Glowbys 1 (the ‘Copyrighted Work’).” Id. ¶ 9. The Complaint
28 alleges that Defendants “create and sell novelty items . . . including fiber optic light-1-
1 up accessories” and “directly compete with Plaintiff with regard to the sale of fiber
2 optic light-up accessories.” Id. ¶ 12. The Complaint alleges that Defendants’
3 packaging for hair clip products available from online listings on Amazon and eBay
4 “display[s] an infringing copy of the Copyrighted Work.” Id. ¶¶ 13-17. The Complaint
5 alleges, “Plaintiff has never licensed, authorized, or otherwise permitted the
6 Defendant[s] to reproduce, distribute, display or otherwise use the Copyrighted Work”
7 and that “[d]espite multiple notices and demands, Defendant[s] willfully and
8 intentionally continued to infringe on Plaintiff’s exclusive copyright in the Copyrighted
9 Work.” Id. ¶¶ 11, 18.
On June 3, 2017, Plaintiff filed Proof of Service with respect to both Defendants.
11 (ECF No. 3).
On August 18, 2017, Plaintiff filed a Request for Entry of Clerk Default as to
13 both Defendants. (ECF No. 4). On August 22, 2017, the Clerk entered default as to
14 both Defendants. (ECF No. 5).
On August 23, 2017, Plaintiff filed the Motion for Default Judgment. (ECF No.
16 6). Defendants have not filed any response to the Motion for Default Judgment. In the
17 motion, Plaintiff requested $4,667.04 in attorney’s fees; however, Plaintiff provided
18 insufficient evidence to establish that the attorney’s fees were warranted. See TeleVideo
19 Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987) (internal quotation
20 omitted) (quoting Geddes v. United Fin. Grp., 559 F.2d 557, 560 (9th Cir. 1977)) (“The
21 general rule of law is that upon default the factual allegations of the complaint, except
22 those relating to the amount of damages, will be taken as true.”).
On December 20, 2017, the Court issued an Order stating,
IT IS HEREBY ORDERED Plaintiff is entitled to $4,500 in statutory
damages and to a permanent injunction. Plaintiff may submit any
evidence in support of the request for attorney’s fees on or before January
9, 2018. The Motion for Default Judgment shall remain pending in order
to allow Plaintiff time to submit any additional evidence related to
27 (ECF No. 8).
On January 3, 2018, Plaintiff filed a Request for Court to Consider Additional
1 Evidence For Attorneys Fees and Costs After Default Judgment. (ECF No. 9). Plaintiff
2 requests “an award of $4,667.04 for attorney’s fees and costs.” Id. at 1. Plaintiff asserts
3 that it has incurred $4,200 in attorney’s fees and $467.04 in costs through January 3,
4 2018. Id. Plaintiff also states that it “reserves the right to submit a supplemental
5 motion for any later fees and costs.” Id. Plaintiff contends that attorney’s fees are
6 warranted because Defendants “continuously sold products utilizing the copyright
7 protected images of Plaintiff, even after receiving notice to cease and desist.” Id. at 2.
8 Plaintiff filed a declaration from Plaintiff’s counsel, Matthew Capron, which includes
9 an itemized list of the fees and costs incurred by Plaintiff and states that the total costs
10 and attorney’s fees incurred in this case are $4,667.04. (ECF No. 9-1).
The Copyright Act provides that the Court may award recovery of attorney’s fees
12 and costs to the prevailing party as a matter of the Court’s discretion. 17 U.S.C. § 505.
13 Plaintiff provides sufficient evidence to establish that Plaintiff is entitled to $4,667.04
14 in attorney’s fees and costs.
IT IS HEREBY ORDERED that the Motion for Default Judgment and the
16 Request for Court to Consider Additional Evidence for Attorneys Fees and Costs After
17 Default Judgment are GRANTED. (ECF Nos. 6, 9). Plaintiff is entitled to $4,500 in
18 statutory damages, a permanent injunction, and $4,667.04 in attorney’s fees and costs.
19 The Court orders Plaintiff to submit a proposed judgment in accordance with this Order
20 within fourteen days of the date of this Order.
21 DATED: January 9, 2018
WILLIAM Q. HAYES
United States District Judge
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