TIDWELL v. RAW INTERNATIONAL, LLC et al

Filing 28

ENTRY ON DAMAGES - The Court ORDERS Defendants to pay Plaintiff statutory damages in the amount of $150,000.00 and pay Plaintiff's reasonable attorney's fees and costs in the amount of $21,617.45. Signed by Judge Richard L. Young on 10/29/2014 (copies mailed per distribution list).(LBT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION

JERAL TIDWELL,

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Plaintiff,
vs.
RAW INTERNATIONAL, LLC;
VSJ, LTD.;
LLOYD IP LIMITED;
LLOYD LIFESTYLE LIMITED,
Defendants.

4:11-cv-00137-RLY-TAB

ENTRY ON DAMAGES
Plaintiff, Jeral Tidwell, filed a Complaint, once amended, alleging that Defendants
infringed Plaintiff’s registered copyright in his “Ink Alchemy” work when they copied
and incorporated the same into their “Dark Angel” motorcycle helmets (“Accused
Work”). On December 9, 2013, the Clerk issued an Entry of Default for failing to file an
Answer or to otherwise respond. On January 21, 2014, the court granted Plaintiff’s
Motion for Default Judgment against all Defendants named in the Amended Complaint
pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, and reserved the issue of
damages for a hearing set for August 13, 2014. Despite being given notice, the
Defendants did not appear at the hearing. The court subsequently ordered Plaintiff to
submit an affidavit in support of damages. See Wehrs v. Wells, 688 F.3d 886, 892 (7th
Cir. 2012) (stating that upon default, the well-pleaded allegations of the complaint

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relating to liability are taken as true, but damages must be proven unless they are
liquidated or capable of calculation).
Plaintiff seeks statutory damages for willful infringement pursuant to 17 U.S.C. §
504(c)(2) in the amount of $150,000 and an award of costs and attorney’s fees pursuant
to 17 U.S.C. § 505 in the amount of $21,617.45. “Courts commonly find statutory
damages appropriate in default judgment cases because the information needed to prove
actual damages is within the infringer’s control and is not disclosed.” Deckers Outdoor
Corp. v. Doe, 2011 WL 4929036, at *4 (N.D. Ill. Oct. 14, 2011) (citing Microsoft Corp.
v. McGee, 490 F. Supp. 2d 874, 882 (S.D. Ohio 2007)). Given the Defendants’ conduct
as set forth in the Affidavit in Support of Default Judgment, the court finds statutory
damages are appropriate. The court further finds that, based upon the exhibits attached to
the Affidavit, Plaintiff is entitled to costs and attorney’s fees in the amount of $21,617.45.
In conclusion, the court ORDERS Defendants to pay Plaintiff statutory damages in the
amount of $150,000.00; and pay Plaintiff’s reasonable attorney’s fees and costs in the
amount of $21,617.45.
SO ORDERED this 29th day of October 2014.
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s/ Richard L. Young________________
RICHARD L. YOUNG, CHIEF JUDGE
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
United States District Court
Southern District of Indiana
Southern District of Indiana

Distributed Electronically to Registered Counsel of Record.
Copies to:
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VSJ, Ltd.
Pallet Hill
Penrith, Cumbria
UK CA11 0BY
Lloyd IP, Ltd.
Langlands
Pallet Hill
Penrith Cumbria
UK CA11 0BY
Robb Ferguson
Lloyd Lifestyle, Ltd.
5 Oswald Street
Glasgow, Scotland
G1 4QR
RAW INTERNATIONAL, LLC
d/b/a NITRO USA
28343 Constellation Road
Valencia, CA 91355
RAW INTERNATIONAL, LLC
d/b/a NITRO USA
Victoria Walsh
28343 Constellation Road
Valencia, CA 91355

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