reasons for judgement were just recently published by the us district Court, D. Connecticut, assessing damages of $9,350 for the industrial piracy of the Mayweather v. Pacquiao boxing bout.
In the recent situation (J & J sports Productions, Inc. v. Pistol Pete’s Bar as well as Grill) the Defendants displayed the bout without paying the industrial sub licencing fees. These would have been $3,000. The Defendants charged a cover of $10 per customer as well as between 32 as well as 38 clients were present.
The Plaintiff acquired default judgement as well as requested $50,000 in damages. The Court instead awarded $9,350 in damages noting this amount covered the expense of Camiseta Gamba Osaka the licence, further damages to punish the piracy as well as adequate damages to strip any type of revenues produced from showing the bout. In reaching this figure district judge Jeffrey Meyer provided the complying with reasons:
Here, multiplying the number of patrons by $50 would produce damages of $1,750. As suggested by the rate sheet that plaintiff provided, plaintiff would ordinarily have charged defendants $3,000 to broadcast this boxing match, based on the size of the establishment. See Doc. #15 at 15 (approximate capability of establishment is Camiseta Selección de fútbol de Alemania 100 people); id. at 30 (indicating a rate of $3,000 for an establishment with 1-100 capacity). in light of the foregoing, the Court discovers that an award of fundamental statutory damages of $3,000 is appropriate.
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In this case, the infraction was indeed willful; defendants never contracted with plaintiff to show the match, as well as “[s]ignals do not descramble spontaneously, nor do television sets link themselves to cable distribution systems.” Ibid. But there is no evidence that defendants participated in repeated violations, that defendants charged a premium on food as well as beverages, or that plaintiff experienced considerable actual damages. Defendants accrued some unlawful monetary gains by charging a cover charge of $10 per customer (amounting to $350 in profits). There is likewise evidence of extremely moderate marketing of the event on defendants’ Facebook page.
In light of the above factors, I wrap up that improved damages of $40,000 would be excessive. Camiseta Watford FC Courts in this circuit commonly discover that, absent any type of of the above enumerated factors, twice the base statutory damages is adequate to accomplish the deterrence objective of 47 U.S.C. § 605(e)(3)(C)(ii). See, e.g., Trenchard, 2014 WL 854537, at *4; Joe Hand Promotions, Inc. v. La Nortena restaurant Inc., 2011 WL 1594827, at *5 (E.D.N.Y. 2011). In this case, that technique would result in improved statutory damages of $6,000. In addition, I will add $350 to account for the revenues from the cover charge that defendants charged patrons to view the unlawfully broadcast boxing match, making for improved damages of $6,350, as well as overall damages of $9,350.
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