ABS-CBN Corporation et al v. cinesilip.net et al

Filing 32

ORDER Final Default Judgment And Permanent Injunction re 31 Motion for Default Judgment in favor of ABS-CBN Corporation, ABS-CBN Film Productions, Inc., ABS-CBN International against fullpinoymovies.com; in favor of ABS-CBN Corporation, ABS-CBN F ilm Productions, Inc., ABS-CBN International against pinoytopmovies.info; in favor of ABS-CBN Corporation, ABS-CBN Film Productions, Inc., ABS-CBN International against wildpinoy.net; in favor of ABS-CBN Corporation, ABS-CBN Film Productions, Inc., A BS-CBN International against pinoy-hd.com. Closing Case.. Signed by Judge Robert N. Scola, Jr on 7/10/2017. (ail) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

United States District Court
for the
Southern District of Florida
ABS-CBN Corporation, and others, )
Plaintiffs,
)
)
v.
)
)
Cinesilip.net, and others,
)
Defendants.
)

Case No. 17-60650-CIV-SCOLA

Final Default Judgment And Permanent Injunction
This matter is before the Court on the Plaintiffs’ Motion for Default
Judgment (ECF No. 31).
The Plaintiffs have moved for a default judgment consistent with Federal
Rule of Civil Procedure 55(b)(2). Previously, the Clerk of Court entered default
under Rule 55(a) (ECF Nos. 28, 29). “A defendant, by his default, admits the
plaintiff’s well-pleaded allegations of fact,” as set forth in the operative
complaint. Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298,
1307 (11th Cir. 2009). “Even when a default judgment is warranted based on a
party’s failure to defend, the allegations in the complaint with respect to the
amount of damages are not deemed true. The district court must instead
conduct an inquiry in order to ascertain the amount of damages with
reasonable certainty.” Almeira v. GB House, LLC, No. 14–cv–00045, 2014 WL
1366808, at *1 (M.D. Fla. Apr. 7, 2014) (quoting In re Catt, 368 F.3d 789, 793
(7th Cir. 2004)). An evidentiary hearing on damages is unnecessary as long as
“the amount claimed is liquidated or capable of ascertainment from definite
figures contained in the documentary evidence or in detailed affidavits.”
Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319,
1323 (7th Cir. 1983); see also S.E.C. v. Smyth, 420 F.3d 1225, 1231, 1232 n.13
(11th Cir. 2005).
The Court has carefully reviewed the Plaintiffs’ motion, the record, and
the relevant legal authorities. Accordingly, it is ordered and adjudged that the
Plaintiffs’ Motion for Default Judgment (ECF No. 31) is granted. Judgment is
hereby entered in favor of Plaintiffs ABS-CBN Corporation, ABS-CBN Film
Productions, Inc. d/b/a Star Cinema, and ABS-CBN International, and against
the Defendants, the Individuals, Partnerships, and Unincorporated
Associations identified on Schedule “A” hereto (collectively “Defendants”), on all
Counts of the Complaint as follows:

1. Permanent Injunctive Relief:
The Defendants and their officers, agents, representatives, servants,
employees and attorneys, and all persons acting in concert and participation
with them are hereby permanently restrained and enjoined from:
a.

Advertising, promoting, performing, copying, broadcasting, and/or
distributing any of the Plaintiffs’ content or copyrighted works,
including but not limited to those works identified in Paragraph 25
of the Complaint and in Exhibits 2 and 4 thereto;

b.

advertising, promoting, offering, using, or causing to be advertised,
promoted, or offered, services using the Plaintiffs’ registered or
common law trademarks identified in Paragraphs 14 and 18 of the
Complaint and in Schedules “B” and “C” thereto (the “ABS-CBN
Marks”);

c.

using the ABS-CBN Marks in connection with any unauthorized
services or performances of the Plaintiffs’ copyrighted works.

d.

using any logo, and/or layout which may be calculated to falsely
advertise the services or products of the Defendant offered or
promoted via the domain names identified on Schedule “A” hereto
(the “Subject Domain Names”) and/or any other website, domain
name, or business, as being sponsored by, authorized by, endorsed
by, or in any way associated with Plaintiffs;

e.

falsely representing themselves as being connected with the
Plaintiffs, through sponsorship or association;

f.

engaging in any act which is likely to falsely cause members of the
trade and/or of the public to believe any content or services of the
Defendants offered via the Subject Domain Names and/or any
other website, domain name, or business, are in any way endorsed
by, approved by, and/or associated with the Plaintiffs;

g.

using any reproduction, counterfeit, copy, or colorable imitation of
the ABS-CBN Marks in connection with the publicity, promotion,
distribution, or advertising of any content or services by the
Defendants via the Subject Domain Names, and/or any other
website, domain name, or business;

h.

affixing, applying, annexing or using in connection with the
promotion, distribution, or advertisement of any content or
services, a false description or representation, including words or
other symbols tending to falsely describe or represent the
Defendants’ content or services offered by the Defendants via the
Subject Domain Names and/or any other website or business, as
being connected with the Plaintiffs, or in any way endorsed by the
Plaintiffs;

i.

otherwise unfairly competing with the Plaintiffs;

j.

using the ABS-CBN Marks, or any confusingly similar trademarks,
within domain name extensions, metatags or other markers within
website source code, from use on any webpage (including as the
title of any web page), from any advertising links to other websites,
from search engines’ databases or cache memory, and any other
form of use of such terms which is visible to a computer user or
serves to direct computer searches to websites registered by,
owned, or operated by the Defendants, including the Internet
websites operating under the Subject Domain Names; and

k.

effecting assignments or transfers, forming new entities or
associations or utilizing any other device for the purpose of
circumventing or otherwise avoiding the prohibitions set forth
above.

2. Additional Equitable Relief:
The Plaintiffs are additionally entitled to the following equitable relief:
a.
In order to give practical effect to the Permanent Injunction, the
Subject Domain Names are hereby ordered to be immediately
transferred by the Defendants, their assignees and/or successors
in interest or title, and the Registrar to the Plaintiffs’ control. To
the extent the current Registrars do not facilitate the transfer of
the Subject Domain Names to the Plaintiffs’ control within five (5)
days of receipt of this judgment, the Registries shall, within thirty
(30) days, change the Registrar of Record for the Subject Domain
Names to a Registrar of the Plaintiffs’ choosing, and that Registrars
shall transfer the Subject Domain Names to the Plaintiffs;
b.

Upon the Plaintiffs’ request, the top-level domain (“TLD”) Registry
for each of the Subject Domain Names, or their administrators,

including backend registry operators or administrators, within
thirty (30) days of receipt of this Order, shall place the Subject
Domain Names on Registry Hold status for the life of the current
registration, thus removing them from the TLD zone files
maintained by the Registries which link the Subject Domain
Names to the IP addresses where the associated websites are
hosted.
3. Statutory damages in favor of the Plaintiffs pursuant to 15 U.S.C. §
1117(c) are determined to be $1,000,000.00 against each Defendant, for
which sum let execution issue:
4. Statutory damages in favor of the Plaintiffs pursuant to 17 U.S.C. §
504(c) are determined to be:
a. $30,000.00 against fullpinoymovies.com (Defendant Number
5) for which sum let execution issue;
b. $30,000.00 against pinoytopmovies.info (Defendant Number
14) for which sum let execution issue;
c. $30,000.00 against wildpinoy.net (Defendant Number 18) for
which sum let execution issue;
d. $30,000.00 against pinoy-hd.com (Defendant Number 19) for
which sum let execution issue.
5. Interest from the date this action was filed shall accrue at the legal rate.
See 28 U.S.C. § 1961.
6. The bond posted by the Plaintiffs in the amount of $10,000.00 is ordered
to be released by the Clerk.
7. The Court retains jurisdiction to enforce this Judgment and permanent
injunction.
8. The Clerk will close this case.
Done and ordered in chambers at Miami, Florida, on July 10, 2017.
________________________________
Robert N. Scola, Jr.
United States District Judge

SCHEDULE “A”
DEFENDANTS BY NUMBER AND SUBJECT DOMAIN NAME
Def.
No.
1
2
2
2
3
4
5
6
7
8
8
9
10
11
11
12
13
14
15
16
17
18
19

Subject Domain
Name
cinesilip.net
pinoychanneltv.me
pinoytambayantv.me
pinoytambayanreplay.net
drembed.com
embeds.me
fullpinoymovies.com
lambingan.ph
magtvna.com
pinoy1tv.ch
pinoy1tv.cc
pinoychannel.co
pinoye.com
wowpinoytambayan.ws
pinoytelebyuwers.se
pinoyteleserye.org
pinoytvnetwork.net
pinoytopmovies.info
pinoytvreplay.ws
teleserye.me
watchpinaytv.com
wildpinoy.net
pinoy-hd.com