Document Type

Article

Publication Date

8-16-1990

Abstract

Plaintiffs-appellants D.C. Comics Inc. and Warner Bros. Inc. (collectively "Warner") appeal from judgments entered in the United States District Court for the Eastern District of New York (Glasser, J.) permanently enjoining defendants from selling merchandise infringing on certain Warner copyrights. The district court refused to award any statutory damages under the Copyright Act, 17 U.S.C. § 504(c) (1988), against certain defendants who consented to permanent injunctions. The court awarded reduced statutory damages of $200 against other defendants who either went to trial or defaulted, finding that any infringement was innocent. See 17 U.S.C. § 504(c)(2).

Warner contends that the district court did not have discretion to award reduced statutory damages against defendants who defaulted or failed to present any evidence at trial, because the burden was on the defendants to prove that any infringement was innocent. Warner also asserts that the evidence presented by defendants who testified at trial was insufficient to sustain a finding of innocent infringement, and that the court erred in refusing to award any statutory damages against defendants who consented to permanent injunctions.

For the reasons that follow, we modify the judgment in docket number 89-9264 to increase the damages against each of the defaulting defendants to $500 and affirm as modified. We vacate the judgments against certain defendants in docket numbers 89-9166 and 89-9168, modify the judgments to increase the damages against each of the defaulting defendants whose defaults were entered by the clerk to $500, and affirm the judgments against the defendants who consented to injunctions in those actions.

Comments

912 F.2d 29 (1990)

D.C. COMICS INC. and Warner Bros. Inc., Plaintiffs-Appellants,

v. MINI GIFT SHOP; Beyia Ling d/b/a Mini Gift Shop; New York Gift Shop; Beom Soo Lim d/b/a New York Gift Shop; Kay's Trading; G. Kwang Kay d/b/a Kay's Trading; Continental Shop; Woo Sik Yi d/b/a Continental Shop; J.C. Boutique; "John Doe" d/b/a J.C. Boutique; B & K Gifts; "John Doe" d/b/a B & K Gifts; Glory Gift Shop; Chang Kim d/b/a Glory Gift Shop; Sun Gift; "John Doe" d/b/a Sun Gift; Jina Gift/New Gift Duri Dur; Mr. Cho d/b/a Jina Gift/New Gift Duri Dur; Stevens; Mrs. Sung d/b/a Stevens; Jamaica Shoe Center; S. Han d/b/a Jamaica Shoe Center; Sam's Fashions; and Samuel Son d/b/a Sam's Fashions, Defendants-Appellees. D.C. COMICS INC. and Warner Bros. Inc., Plaintiffs-Appellants, v. Jin CHEN, I Ping Hu, Sechul Choi, Jagdish Singh, Jyun Sook Hong, Mr. Yoon, David Lipper, Tae Hwan, Ahn, Ralph D'Alessandro, Gene Chow, Mr. Chud, Wa Chung, Mr. Chi, Lin Chau, Lea Lea Chung, T. Sinyeone U, Weichyuan Pien, Susan Ye, Karen Lin, Mr. Ghu and Sao Jin, Defendants-Appellees. D.C. COMICS INC. and Warner Bros. Inc., Plaintiffs-Appellants, v. Edward EULNER, Harold Sarrett, John Cooper, Sung Il Sim, Diane Kalensky, Kai Winden, Paul Levy, Cathy Marsale, Beverly Allen and "John" Sangirsin, Defendants-Appellees. Nos. 1149, 1187 and 1188 Dockets 89-9264, 89-9166 and 89-9168. United States Court of Appeals, Second Circuit.

Argued April 19, 1990. Decided August 16, 1990.

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