Case 1:21-cv-00282-RDA-TCB Document 63-1 Filed 10/13/21 Page 1 of 4 PageID# 716
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF VIRGINIA
`
`
`Case No.: 1:21-cv-00282-RDA-TCB
`
`PROPOSED ORDER GRANTING
`DEFAULT JUDGMENT
`
`
`MILLENNIUM FUNDING, INC., et al.,
`
`
`Plaintiffs,
`
`
`v.
`
`WICKED TECHNOLOGY LIMITED d/b/a
`VPN.HT et al.,
`
`
`Defendants.
`
`
`
`
`
`
`
`The Court, having reviewed the Motion of MILLENNIUM FUNDING, INC., EVE
`
`NEVADA, LLC, HUNTER KILLER PRODUCTIONS, INC., BODYGUARD
`
`PRODUCTIONS, INC., GUNFIGHTER PRODUCTIONS, LLC, MILLENNIUM IP, INC.,
`
`VOLTAGE HOLDINGS, LLC, KILLING LINK DISTRIBUTION, LLC, LHF
`
`PRODUCTIONS, INC., RAMBO V PRODUCTIONS, INC., NIKOLA PRODUCTIONS, INC.,
`
`OUTPOST PRODUCTIONS, INC., and WONDER ONE, LLC (“Copyright Plaintiffs”), and 42
`
`VENTURES, LLC (“42”) (collectively “Plaintiffs”) for Default Judgment against Defendant
`
`Doe d/b/a POPCORNTIME.APP (“Defendant”), and good cause appearing therefor,
`
`
`
`Plaintiffs’ Motion is GRANTED. Accordingly, it is ORDERED, ADJUDGED, and
`
`DECREED as follows:
`
`
`
`Defendant has willfully directly infringed and contributed to infringement of the
`
`Copyright Plaintiffs’ copyright protected motion pictures as outlined in Exhibit “1” to the FAC
`
`(“Works”) in violation of 17 U.S.C. §§ 106, 501, et seq.;
`
`
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF VIRGINIA
`
`
`Case No.: 1:21-cv-00282-RDA-TCB
`
`PROPOSED ORDER GRANTING
`DEFAULT JUDGMENT
`
`
`MILLENNIUM FUNDING, INC., et al.,
`
`
`Plaintiffs,
`
`
`v.
`
`WICKED TECHNOLOGY LIMITED d/b/a
`VPN.HT et al.,
`
`
`Defendants.
`
`
`
`
`
`
`
`The Court, having reviewed the Motion of MILLENNIUM FUNDING, INC., EVE
`
`NEVADA, LLC, HUNTER KILLER PRODUCTIONS, INC., BODYGUARD
`
`PRODUCTIONS, INC., GUNFIGHTER PRODUCTIONS, LLC, MILLENNIUM IP, INC.,
`
`VOLTAGE HOLDINGS, LLC, KILLING LINK DISTRIBUTION, LLC, LHF
`
`PRODUCTIONS, INC., RAMBO V PRODUCTIONS, INC., NIKOLA PRODUCTIONS, INC.,
`
`OUTPOST PRODUCTIONS, INC., and WONDER ONE, LLC (“Copyright Plaintiffs”), and 42
`
`VENTURES, LLC (“42”) (collectively “Plaintiffs”) for Default Judgment against Defendant
`
`Doe d/b/a POPCORNTIME.APP (“Defendant”), and good cause appearing therefor,
`
`
`
`Plaintiffs’ Motion is GRANTED. Accordingly, it is ORDERED, ADJUDGED, and
`
`DECREED as follows:
`
`
`
`Defendant has willfully directly infringed and contributed to infringement of the
`
`Copyright Plaintiffs’ copyright protected motion pictures as outlined in Exhibit “1” to the FAC
`
`(“Works”) in violation of 17 U.S.C. §§ 106, 501, et seq.;
`
`
`
`Case 1:21-cv-00282-RDA-TCB Document 63-1 Filed 10/13/21 Page 2 of 4 PageID# 717
`
`
`
`Defendant has willfully directly infringed Plaintiff 42’s registered trademark
`
`“Popcorn Time” in violation of 15 U.S.C. §§ 1114;
`
`
`
`Defendant knowingly and with the intent to induce, enable, facilitate, or conceal
`
`infringement of the copyright protected Works intentionally induced, enticed, persuaded, and
`
`caused its subscribers to commit DMCA violations pursuant to 17 U.S.C. § 1202;
`
`
`
`Defendant has the right and ability to supervise and control the DMCA violations
`
`that occur through the use of its service, and at all relevant times have derived a direct financial
`
`benefit from the DMCA violations and infringements complained of in this action, but Defendant
`
`has refused to take any meaningful action to prevent its’ subscribers’ DMCA violations and
`
`infringements;
`
`
`
`Defendant knowingly breached the contract between Defendant and Plaintiff 42
`
`regarding their trademark dispute on Twitter;
`
`
`
`
`
`Defendant was properly served by registered email at its respective email addresses;
`
`Despite notice, Defendant failed to appear and defend in these proceedings;
`
`Monetary Damages
`
`
`
`Copyright Plaintiffs’ request for statutory damages pursuant to 17 U.S.C. § 504(c)
`
`against Defendant in the amount of $3,150,000.00 is GRANTED;
`
`
`
`Copyright Plaintiffs’ request for statutory damages pursuant to 17 U.S.C. §
`
`1203(c)(3) for DMCA violations against Defendant in the amount of $525,000.00 is GRANTED;
`
`
`
`Plaintiff 42’s request for statutory damages pursuant to 15 U.S.C. § 1117(c) against
`
`Defendant in the amount of $2,000,000.00 is GRANTED;
`
`
`
`Plaintiff 42’s request for actual damages for breach of contract against Defendant
`
`in the amount of $4,900.00 is GRANTED;
`
`
`
`Case 1:21-cv-00282-RDA-TCB Document 63-1 Filed 10/13/21 Page 3 of 4 PageID# 718
`
`
`
`Reasonable attorney’s fees may be awarded to the prevailing party as part of the
`
`costs. 17 U.S.C. §§ 505, 1203(b)(5). Accordingly, Plaintiffs’ request for attorney’s fees against
`
`Defendant in the amount of $35,946.74 is GRANTED;
`
`
`
`The recovery of full costs by or against a party may be awarded pursuant to 17
`
`U.S.C. §§ 505, 1203(b)(4). Accordingly, Plaintiffs’ request for taxable costs of $627 against
`
`Defendant is GRANTED;
`
`Permanent Injunction against Defendant
`
`
`
`Copyright Plaintiffs’ request for a permanent injunction against Defendant is
`
`GRANTED. Defendant is enjoined from, directly or indirectly, infringing Copyright Plaintiffs’
`
`rights in their motion pictures. Defendant shall not reproduce, copy, distribute, upload, or
`
`otherwise make the Works available for public distribution, whether through the Internet or
`
`otherwise, absent express written permission from Copyright Plaintiffs;
`
`
`
`Plaintiff 42’s request for a permanent injunction against Defendant is GRANTED.
`
`Defendant is enjoined from, directly or indirectly, infringing Plaintiff 42’s trademark “Popcorn
`
`Time”. Defendant shall not use Plaintiff 42’s registered trademark, absent express written
`
`permission from Plaintiff 42;
`
`Domain Name Transfer
`
`
`
`It is ORDERED that Defendant shall transfer the domain name popcorntime.app
`
`to Plaintiff 42 within five days of receipt of this Judgment. To the extent Defendant does not
`
`transfer the domain name popcorntime.app to Plaintiff 42 within five days of receipt of this
`
`Judgment, Plaintiff 42 may serve this injunction on the registry of record with a request that the
`
`registry facilitate the transfer of the domain to the control of Plaintiff 42.
`
`The Court will retain jurisdiction for the purpose of enforcing the Order.
`
`
`
`Case 1:21-cv-00282-RDA-TCB Document 63-1 Filed 10/13/21 Page 4 of 4 PageID# 719
`
`
`
`
`
`
`
`The Clerk is instructed to enter this Final Default Judgment immediately.
`
`SO ORDERED THIS ____ day of _____, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`______________________
`United States District Judge
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
