Opinion
Case No. 4:02-CV-55-1 (CDL)
February 28, 2003
ORDER AND JUDGMENT
INTRODUCTION
Following the entry of default judgment in favor of plaintiff Jordan Outdoor Enterprises, Ltd., the Court held an evidentiary hearing to determine damages. At the conclusion of the hearing, the Court orally announced its ruling from the bench, finding in favor of Plaintiff and awarding it statutory damages of $1,200,000 along with its costs of enforcement of $21,979.29. This written Order and Judgment reduces the Court's previous oral order to writing and constitutes the final judgment in this case.
The Court notes that Defendant failed to appear at the hearing notwithstanding having been provided with adequate notice of the hearing.
FACTUAL BACKGROUND
Plaintiff is the creator and licensor of several of the most popular camouflage patterns in the market today. Eight of these patterns are specifically relevant to the issues presently before the Court: (1) the "ADVANTAGE CAMOUFLAGE" pattern; (2) the "ADVANTAGE WETLANDS CAMO" pattern; (3) the "REALTREE HARDWOODS 20-200" pattern; (4) the "HIGH DEFINITION REALTREE HARDWOODS" pattern; (5) the "ADVANTAGE TIMBER" pattern; (6) the "REALTREE ALL PURPOSE" pattern; (7) the "NEW AND IMPROVED REALTREE ALL PURPOSE" pattern; and (8) the "WOODLAND PLUS" camouflage pattern. Plaintiff licenses various fabric printers to produce fabric displaying its camouflage patterns. It also licenses manufacturers to produce garments and other goods using the fabric containing its camouflage patterns. In return for these licenses, Plaintiff receives royalties.
Plaintiff possesses trademarks for each of these pattern names as well as copyrights for the patterns themselves.
Defendant Grasmere Sportswear Corp., d/b/a Patriot Industries, a garment manufacturer which did not possess any licenses from Plaintiff, offered for sale through its catalog various garments that were made from fabric that displayed the eight copyrighted patterns described hereinabove. Upon learning that Defendant was using its patterns, Plaintiff brought the above captioned lawsuit, alleging copyright and trademark infringement. Defendant failed to answer the lawsuit, and a default judgment was entered in favor of plaintiff on December 17, 2002. The Court granted injunctive relief to plaintiff and scheduled an evidentiary hearing to determine damages. The evidentiary hearing on damages was held on February 21, 2003, with Plaintiff electing solely to pursue statutory damages under the Copyright Act.
Defendant's boldness in its disregard for Plaintiff's copyright and trademark rights is remarkable. The garments shown in Defendant's catalog not only display Plaintiff's pattern designs but contain the actual, trademarked names of the patterns.
DISCUSSION
A copyright owner who can show that its copyright has been infringed upon is entitled to either actual or statutory damages. 17 U.S.C.A. § 504(a) (1996 Supp. 2002). In the case at bar, Plaintiff elected to pursue statutory damages under § 504(c). This section provides, in pertinent part:
(1) Except as provided by clause (2) of this subsection, the copyright owner may elect . . . to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, . . . in a sum of not less than $750 or more than $30,000 as the court considers just. . . .
(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.17 U.S.C.A. § 504(c)(1) (2)
Based on the evidence presented at the evidentiary hearing, the Court found that Defendant acted willfully when infringing upon Plaintiff's copyrights for eight of Plaintiff's camouflage patterns. Defendant's willfulness included its publication of a catalog containing garments for sale that were clearly made from fabric containing Plaintiff's patterns; Defendant's continued infringement after being notified of the Court's injunction prohibiting further infringement; and Defendant's complete disregard for this Court as evidenced by its violation of the Court's Order and its failure to appear at proceedings in this case. Having found that Defendant willfully infringed upon Plaintiff's copyright rights, the Court awards Plaintiff statutory damages against Defendant in the total amount of $1,200,000, consisting of $150,000 for each of the eight works infringed upon.
The Court notes that in light of Defendant's default, Defendant would likely be deemed to have admitted its willfulness. However, the Court finds that even without such an admission, the evidence presented at the evidentiary hearing supports a finding of willfulness.
The Court further exercises its discretion under 17 U.S.C.A. § 505 (1996) and awards Plaintiff attorney's fees and costs in the amount of $21,979.29, finding that Plaintiff incurred these fees and costs, that they were necessary for Plaintiff's enforcement of its rights, and that the amount was reasonable and supported by evidence presented at the evidentiary hearing. Defendant's willfulness, although not a legal prerequisite for the recovery of fees and expenses, certainly supports such an award. See Casella v. Morris, 820 F.2d 363, 366 (11th Cir. 1987)
JUDGMENT
WHEREFORE, judgment is entered in favor of plaintiff and against Defendant in the amount of $1,200,000 in damages and $21,979.29 in attorney's fees and costs, for a total of $1,221,979.29, with interest accruing on that amount from the date of entry of judgment at the rate of 1.30% per annum until paid in full.
The Court retains jurisdiction over this case should it become necessary to enforce its previously issued injunction or this judgment.