Joe Hand Promotions, Inc. v. Cerreto

5 Citing cases

  1. J & J Sports Prods., Inc. v. Castro

    Docket No.: 14-cv-557 (D.N.J. Jan. 28, 2015)   Cited 8 times
    Finding an hourly rate of $95 appropriate for a paralegal

    Section 605 penalizes those who illegally intercept proprietary communications. Joe Hand Promotions, Inc. v. Cerreto, 2014 WL 4612101, at *2 (D.N.J. Sept. 15, 2014). When a plaintiff seeks relief under 47 U.S.C. § 605 for the unauthorized interception and broadcast of television programming, its burden is to show that the defendant "(1) intercepted a broadcast; (2)[was] not authorized to intercept the broadcast; and (3) showed the broadcast to others."

  2. Joe Hand Promotions, Inc. v. Ballinrobe Dev., Inc.

    Docket No.: 17-cv-1294 (D.N.J. Jun. 20, 2017)   Cited 2 times

    Section 605 prohibits wireless interception of proprietary communications. See J & J Sports Productions, Inc. v. Castro, No. 14-cv-557, 2015 WL 389381 at *2 (D.N.J. Jan. 28, 2015); Joe Hand Promotions, Inc. v. Cerreto, No. 13-cv-7647, 2014 WL 4612101 at *2 (D.N.J. Sept 15, 2014). Relief under § 605 for the unauthorized interception and broadcast of television programming requires a showing that defendant "(1) intercepted a broadcast; (2) [was] not authorized to intercept the broadcast; and (3) showed the broadcast to others."

  3. Joe Hand Promotions, Inc. v. Candelaria Assoc. LLC

    CIVIL ACTION NO. 16-9177 (JLL) (D.N.J. May. 25, 2017)   Cited 5 times
    Stating that, because "[t]he defendants have not responded to either the complaint or the motion, . . . they have waived the opportunity to put forth evidence or facts containing information that would provide a basis for a meritorious defense"

    Thus, the Court in its discretion will award enhanced damages of $2,200, which is equal to the cost of the sublicense fee, in order to provide for restitution and deterrence. See Joe Hand Promotions, Inc. v. Cerreto, No. 13-7647, 2014 WL 4612101, at *5-6 (D.N.J. Sept. 15, 2014) (awarding the same for the enhanced damages component). III. Costs and Attorney's Fees

  4. Premium Sports, Inc. v. Silva

    Civ. No. 15-1071 (CCC-MF) (D.N.J. Jan. 19, 2016)   Cited 12 times

    Recent cases in this district have held that statutory damages should approximate actual damages. See, e.g., id.; Joe Hand Promotions, Inc. v. Cerreto, No. 13-cv-7647, 2014 WL 4612101, at *4 (D.N.J. Sept. 15, 2014); Joe Hand Promotions, Inc. v. Waldron, No. 11-849 (RBK/KMW), 2013 WL 1007398, at *6 (D.N.J. Mar. 13, 2013); J & J Sports Prods., Inc. v. Edrington, No. 10-3789 (CCC), 2012 WL 525970, at *3 (D.N.J. Feb. 16, 2012). "To determine actual damages, an appropriate starting point is to assess the cost of the licensing fee the defendants ought to have paid in order to broadcast legally."

  5. Premium Sports, Inc. v. Candido Pereira & Carlos Lopes, Individually And, Shareholders, And/Or Principals of Uniao Desportiva Ferreirense, Inc.

    Civil No: 14-6240 (KSH) (D.N.J. Sep. 30, 2015)   Cited 4 times
    Awarding damages under both statutes

    On the issue of amounts, recent cases in this district have held that statutory damages should approximate actual damages. See, e.g., Joe Hand Promotions, Inc. v. Cerreto, 2014 WL 4612101, at *4 (D.N.J. Sept. 15, 2014)(Martini, J.); Waldron, 2013 WL 1007398, at *6; J & J Sports Prods., Inc. v. Edrington, 2012 WL 525970, at *3 (D.N.J. Feb. 16, 2012)(Checci, J.). Running through these decisions is the principle that the sum of the statutory damages and enhanced damages should compensate the aggrieved party for its financial losses, deter future violations, and be just in light of the circumstances. To determine actual damages, an appropriate starting point is to assess the cost of the licensing fee the defendants ought to have paid in order to broadcast legally.