Indiana Intellectual Property Law News
South Bend, Indiana – In April 2018, Attorneys for Plaintiff, Joe Hand Promotions, Inc. (“Joe Hand”), of
Feasterville, Pennsylvania, filed suit in the Northern District of Indiana alleging that Defendants, MBK Holdings, Inc. d/b/a Matey’s Restaurant & Bar, of Michigan City, Indiana, Bryan Konieczny, and Mark Kehoskie, both individuals residing in Indiana, infringed its rights in the “UFC 202: Diaz v. McGregor 2”, “UFC 203: Miocic v. Overeem”, “UFC 205: Alvarez v. McGregor”, “UFC 207: Nunes v. Rousey”, “UFC 208: Holm v. de Randamie”, and UFC 210: Cormier v. Johnson 2” (the “Programs”). Plaintiff sought statutory damages, attorney’s fees, interest, and costs. Default Judgment in favor of Joe Hand Promotions, Inc. was entered as of October 19, 2018.
Joe Hand specializes in exclusively distributing and licensing premier, pay-per-view sporting events, including the Programs, to commercial locations. Plaintiff worked with multiple locations in Indiana to license and distribute the Programs so the commercial establishments could show them to their patrons. Defendants did not contract with the Plaintiff to show the Programs, even though they could have and could have paid the accompanying licensing fee of approximately $1,680.00 for such. Joe Hand asserts that Defendants willfully intercepted the interstate communication of the Programs and unlawfully exhibited them to their patrons within their commercial establishment.
Plaintiff sought judgment against Defendants for wrongful actions violating 47 U.S.C. § 605, or alternatively, 47 U.S.C. § 553. They asked for the maximum statutory damages of $110,000.00 under 47 U.S.C. § 605, or alternatively, the maximum statutory damages of $60,000.00 under 47 U.S.C. § 553, plus attorney’s fees, interest, and costs. While the Judge did enter a default judgment against the Defendants, he did not enter the entire amount of statutory damages requested. Instead, he broke down the total damages of $42,002.00 as follows:
- $10,080.00 in statutory damages under 47 U.S.C. § 605(e)(3)(C)(i)(II);
- $30,240.00 in additional damages under 47 U.S.C. § 605(e)(3)(C)(ii);
- $562.00 in attorney’s fees;
- $400.00 in costs; and
- 66% post-judgment interest.
Many times in litigation, judges award the entire amount sought in the event of a default judgment, but the Judge in this case took the time to parse out damages under the statutes.
The case was assigned to District Judge Jon E. DeGuilio and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:18-cv-00232-JD-MGG.