Adding to this site’s archived case summaries of combat sports piracy judgements, reasons were released this week by the US District Court, S.D. Texas, Houston Division, assessing damages for the commercial piracy of a boxing pay per view program.
In the recent case (J & J Sports Productions, Inc. v. Round DHA, LLC) the defendants displayed the Manny Pacquiao v. Chris Algieri WBO Welterweight Championship Fight Program in a commercial establishment without purchasing the commercial sub licencing rights to do so. The Plaintiff sued and obtained default judgement totalling $80,000 with District Judge Kenneth M. Hoyt providing the following reasons:
1. That Judgment by default be entered in favor of Plaintiff and against Defendant.
2. That Plaintiff recover statutory damages pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(II) from Defendant in the amount of $10,000.00.
3. That Plaintiff recover additional damages pursuant to 47 U.S.C. § 605(e)(3)(C)(ii) from Defendant in the amount of $50,000.00.
4. That Plaintiff recover attorneys’ fees from Defendant in the amount of $20,000.00; along with attorney’s fees for post-trial and appellate services.
The Court went on to award the Plaintiff further attorney fees as follows if the Defendant sought to unsuccessfully appeal or otherwise challenge the judgement:
That Plaintiff recover the following conditional awards of attorney’s fees from Defendant in the following circumstances:
a) Ten Thousand Dollars ($10,000.00) in the event Defendant files a motion to vacate, Rule 60 motion, motion for new trial, motion for reconsideration or other post-judgment, pre-appeal motion that does not result in a reversal of the Judgment obtained in this action;
b) Twenty-Five Thousand Dollars ($25,000.00) in the event Defendant files an appeal to the Fifth Circuit Court of Appeals that does not result in a reversal of the Judgment obtained in this action;
c) Five Thousand Dollars ($5,000.00) in the event Defendant files a motion for rehearing or reconsideration in the Court of Appeals that does not result in a reversal of the Judgment obtained in this action;
d) Twenty-Five Thousand Dollars ($25,000.00) for making and/or responding to a petition for certiorari to the U.S. Supreme Court that does not result in a reversal of the Judgment obtained in this action;
e) Seventy-Five Thousand Dollars ($75,000.00) for an appeal to the United States Supreme Court in the event a petition for certiorari review is granted and does not result in a reversal of the Judgment obtained in this action; and
f) For collection of the Judgment, Two Thousand Five Dollars ($2,500.00) each time Plaintiff obtains a writ of execution, writ of garnishment, writ of attachment or other post-judgment writ.
Combat Sports Law 