Joe Hand Promotions, Inc. v. Daoud & Korn Enterprises LLC et al

Filing 12

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for default judgment [#8] is granted in part only to the extent set out above and is denied in all other respects. Signed by District Judge Rodney W. Sippel on 4/18/13. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOE HAND PRODUCTIONS, INC.,

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Plaintiff,
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v.
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DAOUD & KORN ENTERPRISES, LLC, )
et al.,
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Defendants.
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Case No. 4:12 CV 2232 RWS

MEMORANDUM AND ORDER
This matter is before me on Plaintiff Joe Hand Productions, Inc.’s motion for a default
judgment. Joe Hand Productions owned the nationwide television distribution rights to an
Ultimate Fighting Championship broadcast which took place on November 19, 2011. Joe Hand
Productions sells the right to publically exhibit this broadcast to various public establishments
(eg. hotels, racetracks, casinos, bars, taverns, restaurants, social clubs, etc.) A number of these
establishments illegally intercepted the broadcast and showed it to their patrons without
obtaining a license to do so from Joe Hand Promotions.
The present lawsuit alleges that Defendants Daoud & Korn Enterprises (d/b/a The Red
Room Sushi Lounge) and Amjad Daoud illegally intercepted the broadcast and played it to
patrons at the Red Roof Sushi Lounge. Joe Hand Productions has sued Defendants under two
alternative federal statutes.
The first is the Unauthorized Reception of Cable Services, 47 U.S.C. § 553. This statute
prohibits the unauthorized receipt of programing from a cable service like Charter
Communications. It provides for statutory damages of not less that $250 but not more than
$10,000. Id. at §553(c)(3)(A)(ii). Where the violation was committed willfully and for the
purpose of commercial gain the statutory damages may be increased in an amount of not more

than $50,000. Id. at §553(c)(3)(B). Attorneys fees and costs may also be recovered under this
statute. Id. at § 553(c)(2)(C).
The second statute is the Unauthorized Publication or Use of Communications, 47 U.S.C.
§ 605. In the context of the present lawsuit, this statute prohibits the interception of video
programming from a satellite that is primarily intended for the direct receipt by cable operators to
send out over their cable network. It provides for statutory damages of not less that $1,000 but
not more than $10,000. Id. at § 605(e)(3)(C)(i)(II). Where the violation was committed willfully
and for the purpose of commercial gain the statutory damages may be increased in an amount of
not more than $100,000. Id. at § 605(e)(3)(C)(ii). Attorneys fees and costs may also be
recovered under this statute. Id. at § 605(e)(3)(B)(iii).
The defendants in this matter have been served. On March 14, 2013, the Clerk of Court
entered a default against the defendants because they failed to file an answer or other responsive
pleading. In its complaint, Joe Hand Productions prayed for damages in the amount of $100,000
for the violation of 47 U.S.C. § 605 and $50,000 for the violation of 47 U.S.C. § 553.
In its motion for a default judgment, Joe Hand Productions seeks a total of $150,000 plus
$545.00 in “court costs.” Plaintiff can recover either under § 605 if Defendants intercepted the
broadcast from a satellite or under § 553 if Defendants intercepted the broadcast from a cable
service. Plaintiff cannot recover damages under both statutes.
Neither the complaint nor any other filings in this matter indicate which method
Defendants used to intercept the broadcast. I will therefore grant Joe Hand Productions a default
judgment under § 605. Joe Hand Productions has not presented any detailed information
regarding Defendants use of the broadcast (such as the occupancy capacity of The Red Room
Sushi Lounge or how many patrons were present during the presentation of the broadcast).
Using my discretion, I will award statutory damages in the amount of $10,000.00 under §

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605(e)(3)(C)(i)(II); $5,000.00 in enhanced statutory damages under § 605(e)(3)(C)(ii), and costs
in the amount of $545.00 under § 605(e)(3)(B)(iii) for a total award in the amount of $15,545.00.
This award is similar to the award granted to Plaintiff in another illegal broadcast receipt case
which provided much more specific information than the present case. See Joe Hand
Promotions, Inc. v. Beth Wilson d/b/a 10 High Grill, 4:12 CV 1730 CDP (E.D. MO January 24,
2013).
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for default judgment [#8] is granted
in part only to the extent set out above and is denied in all other respects.
A separate Judgment in accordance with this Memorandum and Order is entered this
same date.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 18th day of April, 2013.

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