McGraw Hill LLC et al v. Doe 1 et al

Filing 102

AMENDED DEFAULT JUDGMENT, PERMANENT INJUNCTION, AND POST-JUDGMENT RELIEF ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED, in accordance with Federal Rule of Civil Procedure 65(d), the Copyright Act, and the Lanham Act, that Defendants, their officer s, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them, who receive actual notice of this Order, are permanently enjoined from directly or indirectly (1) infringing the copyrights owned or e xclusively controlled by any of the Plaintiffs ("Plaintiffs' Copyrights"), i.e., such copyrighted works published under any of the imprints identified on Exhibit A to the Amended Complaint, attached hereto as Appendix C (the "I mprints"); and (2) infringing the trademarks owned or exclusively controlled by Plaintiffs Cengage or McGraw Hill ("Plaintiffs' Marks"), i.e., such trademarks associated with Cengage and McGraw Hill's Imprints. Without limiting the foregoing, IT IS FURTHER ORDERED that Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them, who receive actual notice of this Order, are permanently e njoined from engaging in any of the following acts: 1) Copying, reproducing, manufacturing, importing, downloading, uploading, transmitting, distributing, selling, offering for sale, advertising, marketing, promoting, or otherwise exploiting any o f Plaintiffs Copyrights without Plaintiffs' express written authorization; or enabling, facilitating, permitting, assisting, soliciting, encouraging, or inducing others to engage in such activities; and, as further set forth herein. IT IS F URTHER ORDERED that, pursuant to 17 U.S.C. § 504(c)(2) and 15 U.S.C. § 1117(c)(2), Plaintiffs are awarded statutory damages against Defendants for their willful infringement as follows: Rosa Pineda, Total Damages: $700,000; Ozodbek Ab dulazizov, Total Damages: $93,000. IT IS FURTHER ORDERED that the stay to enforce a judgment imposed by Federal Rule of Civil Procedure 62(a) is hereby dissolved, and Plaintiffs may immediately enforce the judgment set forth herein. IT I S FURTHER ORDERED that Defendants shall deliver to Plaintiffs for destruction all copies of Plaintiffs' textbooks, other copyrighted works, or derivative works thereof, that Defendants have in their possession, custody, or control, and all de vices by means of which such copies have been created, pursuant to 17 U.S.C. § 503. IT IS FURTHER ORDERED that this Court shall retain jurisdiction over the parties and the subject matter of this litigation for the purpose of interpretation and enforcement of this Permanent Injunction. IT IS FURTHER ORDERED that the Clerk of Court is hereby directed to release the $4,000 cash bond, posted in accordance with the Ex Parte Order, to Plaintiffs by sending it to their attorneys of record, Oppenheim + Zebrak, LLP, at 4530 Wisconsin Avenue, NW, 5th Floor, Washington, DC 20016. FINAL JUDGMENT is hereby entered in favor of Plaintiffs against Defendants Rosa Pineda and Ozodbek Abdulazizov in the total amount of $793,00 0, as described above, plus post-judgment interest calculated at the rate set forth in 28 U.S.C. § 1961. It is SO ORDERED this 1st day of August 1, 2022. (Signed by Judge Lewis J. Liman on 8/1/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.

Case 1:20-cv-00356-LJL Document 102 Filed 08/01/22 Page 1 of 9

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

MCGRAW HILL LLC; BEDFORD, FREEMAN &
WORTH PUBLISHING GROUP, LLC; PEARSON
EDUCATION, INC.; and CENGAGE LEARNING, Civil Action No. 20-cv-356-LJL-VF
INC.,
AMENDED DEFAULT JUDGMENT,
Plaintiffs,
PERMANENT INJUNCTION, AND
POST-JUDGMENT RELIEF ORDER
v.
RAUNI PUJOLS; YOHANES HSU; ROSA
PINEDA; DELHI BOOKSTROE, INC.; JAE Y.
CHOI; STEVEN MUN; and OZODBEK
ABDULAZIZOV,
Defendants.
LEWIS J. LIMAN, District Judge:
Plaintiffs McGraw Hill LLC (“McGraw Hill”), Pearson Education, Inc. (“Pearson”), and
Cengage Learning, Inc. (“Cengage”) (collectively, “Plaintiffs”) initiated this action on January 15,
2020 against Doe Defendants. Compl., ECF No. 1. At the same time that they filed the Complaint,
Plaintiffs filed an Ex Parte Application for Temporary Restraining Order, Order to Show Cause
Why a Preliminary Injunction Should Not Issue, Order Authorizing Expedited Discovery, and
Order Authorizing Alternative Service (the “Application”), which the Court granted on January
15, 2020. Ex Parte Order, ECF No. 17. Plaintiffs served the Doe Defendants by email with the
original Complaint, Summons, Ex Parte Order, and papers filed in support of the Application. See
Decl. of Service, ECF No. 16. After a show cause hearing, at which the Doe Defendants did not
appear, the Court issued a Preliminary Injunction on February 12, 2020. Prelim. Inj., ECF No. 37.
After conducting expedited discovery, Plaintiffs filed an Amended Complaint on October 9, 2020
(ECF No. 62), naming as defendants Rosa Pineda and Ozodbek Abdulazizov (hereinafter,
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Case 1:20-cv-00356-LJL Document 102 Filed 08/01/22 Page 2 of 9

“Defendants”), amongst others.
Plaintiffs served the Amended Complaint and Summons on Defendant Abdulazizov by
personal service on November 19, 2020, and by email on Defendant Pineda on January 20, 2021
(ECF No. 79) pursuant to the Court’s January 19, 2021 Order allowing continued service by email
(ECF No. 78). No Defendant filed an Answer or otherwise responded to the Complaint or
Amended Complaint.
On May 27, 2021, the Clerk of Court entered a Certificate of Default as to Defendants.
Certificate of Default, ECF No. 82.
On September 29, 2021, Plaintiffs submitted a motion, memorandum of law, and a
declaration in support of their request for a default judgment, a permanent injunction, and postjudgment relief (“Motion”) against Defendants pursuant to, inter alia, Rules 55(b) and 65(d) of
the Federal Rules of Civil Procedure.1 On June 29, 2022, Plaintiffs submitted an amended motion
and memorandum of law and a supplemental declaration in support of the Motion. On July 26,
2022, the Court issued an Amended Opinion and Order granting in part Plaintiffs’ Motion.
Having reviewed the Amended Complaint, Plaintiffs’ papers filed in support of the Motion,
and the entire record herein, the Court HEREBY FINDS that:
A.

Plaintiffs are higher education publishers. Plaintiffs’ publications include physical

and digital textbooks that are widely available in the United States to consumers and sold through
direct sales channels and legitimate distributors and stores.
B.

Defendants own and/or operate the following online storefronts:

(1) Cadabra Store (Amazon ID AP0XTDT85Z4EZ) operated by Defendant Pineda;

1

Plaintiffs’ Motion also pertained to defendant Rauni Pujols. However, Plaintiffs later reached a
settlement agreement with Pujols pursuant to which Plaintiffs and Pujols sought entry of a separate
stipulated judgment against him (ECF No. 91).
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Case 1:20-cv-00356-LJL Document 102 Filed 08/01/22 Page 3 of 9

(2) fatbooks (eBay URL http://www.ebay.com/usr/fatbooks) operated by Defendant
Pineda;
(3) jeskatbooks (eBay URL http://myworld.ebay.com/jeskatbooks) operated by
Defendant Pineda;
(4) West_Books (Amazon
Abdulazizov; and

ID

A1BB2PUG3UKRNS)

operated

by

Defendant

(5) mirah_us2015 (eBay URL https://www.ebay.com/usr/mirah_us2015) operated by
Defendant Abdulazizov;
C.

Defendants have been properly served in this action with the Complaint, Amended

Complaint, and Summonses;
D.

Because Defendants have not filed Answers or otherwise responded to the

Complaint or Amended Complaint or otherwise appeared in this action, the Clerk of Court entered
default against Defendants on May 27, 2021;
E.

The Court has personal jurisdiction over Defendants pursuant to N.Y. C.P.L.R. §§

302(a)(1);
F.

Plaintiffs own or exclusively control the rights in copyright in and to their

respective copyrighted works described on Appendix A;
G.

Plaintiffs Cengage and McGraw Hill own all rights, title, and interest in and to their

respective trademarks and service marks described on Appendix B (“Plaintiffs’ Authentic
Marks”);
H.

Defendants have willfully infringed Plaintiffs’ copyrights in the Authentic Works

in connection with Defendants’ distribution of counterfeit copies of Plaintiffs’ textbooks, and
Defendants are, therefore, liable for willful copyright infringement under federal law, 17 U.S.C.
§§ 101, et seq.;
I.

Defendants have willfully counterfeited Plaintiffs’ Authentic Marks by using in

commerce, without Plaintiffs’ consent, counterfeit reproductions of Plaintiffs’ Authentic Marks in
3

Case 1:20-cv-00356-LJL Document 102 Filed 08/01/22 Page 4 of 9

connection with the sale, offering for sale, distribution, and/or advertising of counterfeit copies of
Plaintiffs’ textbooks, and Defendants are, therefore, liable for willful trademark counterfeiting
under federal law, 15 U.S.C. § 1114;
J.

Defendants’ willful infringement of Plaintiffs’ copyrights and Plaintiffs’ Cengage

and McGraw Hill’s trademarks has caused such Plaintiffs irreparable harm;
K.

As a result of Defendants’ unlawful conduct, Plaintiffs are entitled to the entry of a

final judgment and permanent injunction against Defendants.
NOW, THEREFORE, IT IS HEREBY ORDERED, in accordance with Federal Rule of
Civil Procedure 65(d), the Copyright Act, and the Lanham Act, that Defendants, their officers,
agents, servants, employees, and attorneys, and all those in active concert or participation with any
of them, who receive actual notice of this Order, are permanently enjoined from directly or
indirectly (1) infringing the copyrights owned or exclusively controlled by any of the Plaintiffs
(“Plaintiffs’ Copyrights”), i.e., such copyrighted works published under any of the imprints
identified on Exhibit A to the Amended Complaint, attached hereto as Appendix C (the
“Imprints”); and (2) infringing the trademarks owned or exclusively controlled by Plaintiffs
Cengage or McGraw Hill (“Plaintiffs’ Marks”), i.e., such trademarks associated with Cengage and
McGraw Hill’s Imprints.
Without limiting the foregoing, IT IS FURTHER ORDERED that Defendants, their
officers, agents, servants, employees, and attorneys, and all those in active concert or participation
with any of them, who receive actual notice of this Order, are permanently enjoined from engaging
in any of the following acts:
1) Copying, reproducing, manufacturing, importing, downloading, uploading,
transmitting, distributing, selling, offering for sale, advertising, marketing,
promoting, or otherwise exploiting any of Plaintiffs’ Copyrights without Plaintiffs’
express written authorization; or enabling, facilitating, permitting, assisting,

4

Case 1:20-cv-00356-LJL Document 102 Filed 08/01/22 Page 5 of 9

soliciting, encouraging, or inducing others to engage in such activities; and
2) Copying, reproducing, using in connection with manufacturing, importing,
downloading, uploading, transmitting, distributing, selling, offering for sale,
advertising, marketing, or promoting goods or services, or otherwise exploiting any
of Plaintiffs’ Marks without Plaintiffs’ express written authorization; or enabling,
facilitating, permitting, assisting, soliciting, encouraging, or inducing others to
engage in such activities;
IT IS FURTHER ORDERED that, pursuant to 17 U.S.C. § 504(c)(2) and 15 U.S.C. §
1117(c)(2), Plaintiffs are awarded statutory damages against Defendants for their willful
infringement as follows:
Defendant
Rosa Pineda
Ozodbek Abdulazizov

Plaintiffs
Cengage and McGraw
Hill
Cengage, McGraw Hill,
and Pearson

TOTAL

Copyright
Damages/#
of Works
$100,000
(1)
$7,000
(7)
$149,000

Trademark
Damages/#
of Marks
$200,000
(3)
$22,000
(2)
$644,000

Total
Damages
$700,000
$93,000
$793,000

IT IS FURTHER ORDERED that the stay to enforce a judgment imposed by Federal Rule
of Civil Procedure 62(a) is hereby dissolved, and Plaintiffs may immediately enforce the judgment
set forth herein.
IT IS FURTHER ORDERED that Defendants shall deliver to Plaintiffs for destruction all
copies of Plaintiffs’ textbooks, other copyrighted works, or derivative works thereof, that
Defendants have in their possession, custody, or control, and all devices by means of which such
copies have been created, pursuant to 17 U.S.C. § 503.
IT IS FURTHER ORDERED that this Court shall retain jurisdiction over the parties and
the subject matter of this litigation for the purpose of interpretation and enforcement of this
Permanent Injunction.
IT IS FURTHER ORDERED that the Clerk of Court is hereby directed to release the

5

Case 1:20-cv-00356-LJL Document 102 Filed 08/01/22 Page 6 of 9

$4,000 cash bond, posted in accordance with the Ex Parte Order, to Plaintiffs by sending it to their
attorneys of record, Oppenheim + Zebrak, LLP, at 4530 Wisconsin Avenue, NW, 5th Floor,
Washington, DC 20016.
FINAL JUDGMENT is hereby entered in favor of Plaintiffs against Defendants Rosa
Pineda and Ozodbek Abdulazizov in the total amount of $793,000, as described above, plus postjudgment interest calculated at the rate set forth in 28 U.S.C. § 1961.

It is SO ORDERED this _1st_ day of _August 1, 2022___.

HON. LEWIS J. LIMAN
United States District Judge

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Case 1:20-cv-00356-LJL Document 102 Filed 08/01/22 Page 7 of 9

Appendix A – Copyrights Infringed
ISBN

Publisher

9781305261105 Cengage
9781305865785 Cengage
9780073534343
9781259235702
9780077835422
9781259709074
9780073523910
9780134205588
9780134061641
9780133919783
9780321982384
9780134606996

McGraw Hill
McGraw Hill
McGraw Hill
McGraw Hill
McGraw Hill
Pearson
Pearson
Pearson
Pearson
Pearson

Title
Basics Of Research Methods For Criminal Justice
And Criminology, 4th
Intentional Interviewing & Counseling: Facilitating
Client Development In A Multicultural Society, 9th
Effective Group Discussion, Theory And Practice,
14th
Essentials Of Economics, 10th
Essentials Of Investment, 10th
Marketing, 6th
The Art Of Public Speaking, 12th
Essentials Sociology, 12th
Ethical Legal Professional Issues Counseling, 5th
Financing Education In A Climate Of Change, 12th
Linear Algebra, 5th
Using MIS, 10th

7

Copyright
Registration
TX 8-027-615
TX 8-389-403
TX 7-562-529
TX 8-278-999
TX 8-279-004
TX 8-534-400
TX 8-003-528
TX 8-232-933
TX 8-122-054
TX 8-050-106
TX 8-028-767
TX 8-538-336

Case 1:20-cv-00356-LJL Document 102 Filed 08/01/22 Page 8 of 9

Appendix B – Trademarks Infringed
Publisher
Cengage
McGraw Hill
McGraw Hill

Trademark
CENGAGE LEARNING
MCGRAW HILL
MCGRAW HILL EDUCATION

8

Trademark
Registrations
3,603,376
2,899,528
4,664,267

Case 1:20-cv-00356-LJL Document 102 Filed 08/01/22 Page 9 of 9

Appendix C - Imprints
CENGAGE LEARNING, INC.
Brooks Cole Cengage
Cengage Learning
Course Technology
Delmar
Gale
Heinle
Milady
National Geographic Learning
South-Western Educational Publishing
Wadsworth
MCGRAW HILL LLC
Irwin
Lange
McGraw-Hill
McGraw-Hill Education
McGraw-Hill Higher Education
McGraw-Hill Professional
McGraw-Hill Ryerson
McGraw-Hill/Appleton & Lange
McGraw-Hill/Contemporary
McGraw-Hill/Dushkin
McGraw-Hill/Irwin
McGraw Hill
NTC/Contemporary
Osborne
Schaum’s
PEARSON EDUCATION, INC.
Addison Wesley
Adobe Press
Allyn & Bacon
Benjamin Cummings
Brady
Cisco Press
Financial Times Press/FT Press
IBM Press
Longman
New Riders Press
Peachpit Press
Pearson
Pearson Education
Que Publishing
Sams Publishing

9