Miche Bag LLC v. Ayers

Filing 36

ORDER RULING ON REPORT AND RECOMMENDATIONS for 18 Motion for Entry of Default, filed by Miche Bag LLC. It is hereby ORDERED that the Magistrate Judge's Report is ACCEPTED. For the reasons articulated by the Magistrate Judge, default judgment is entered against the defendant, Leslie Ayers, d/b/a Your Little Makeup Shoppe, making the defendant liable for willful copyright infringement pursuant to 17 U.S.C. § 501. As a result of the infringement, Miche Bag is awarded Judgment against the defendant in the amount of $167,900.50. This amount includes $150,000 in statutory and enhanced damages pursuant to 17 U.S.C. § 504 in addition to $384.50 in costs and $17,516 in attorneys fees pursuant to 17 U.S.C.  7; 505. Furthermore, for the reasons articulated by the Magistrate Judge, under 17 U.S.C. § 502, the defendant is permanently enjoined from directly or indirectly infringing the plaintiff's rights under federal or state law in its copyrigh ted works, which are defined in U.S. Registration Nos. VA 1-652-014 for the "Black Ellie" design, VA 1-652-763 for the "Jayma" design, and VA 1-652-025 for the "Ostrich Shell" design. The defendant is also ordered to de stroy all products, packaging, merchandise, advertisements, or other materials that violate the plaintiff's aforementioned copyrighted works. Finally, the defendant is directed to serve upon the plaintiff a report in writing and under oath sett ing forth in detail the manner and form in which the defendant has complied with the terms of the injunction ordered herein. Said report shall be served upon the plaintiff within thirty (30) days after the entry and service on the defendant of the injunction ordered herein.. Signed by Honorable Terry L Wooten on 12/8/2010. (prou, )