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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF VIRGINIA
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`Case No.: 1:21-cv-00282-RDA-TCB
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`PROPOSED ORDER GRANTING
`DEFAULT JUDGMENT
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`MILLENNIUM FUNDING, INC., et al.,
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`Plaintiffs,
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`v.
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`WICKED TECHNOLOGY LIMITED d/b/a
`VPN.HT et al.,
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`Defendants.
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`The Court, having reviewed the Motion of MILLENNIUM FUNDING, INC., EVE
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`NEVADA, LLC, HUNTER KILLER PRODUCTIONS, INC., BODYGUARD
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`PRODUCTIONS, INC., GUNFIGHTER PRODUCTIONS, LLC, MILLENNIUM IP, INC.,
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`VOLTAGE HOLDINGS, LLC, KILLING LINK DISTRIBUTION, LLC, LHF
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`PRODUCTIONS, INC., RAMBO V PRODUCTIONS, INC., NIKOLA PRODUCTIONS, INC.,
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`OUTPOST PRODUCTIONS, INC., and WONDER ONE, LLC (“Copyright Plaintiffs”), and 42
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`VENTURES, LLC (“42”) (collectively “Plaintiffs”) for Default Judgment against Defendant
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`Doe d/b/a POPCORNTIME.APP (“Defendant”), and good cause appearing therefor,
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`Plaintiffs’ Motion is GRANTED. Accordingly, it is ORDERED, ADJUDGED, and
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`DECREED as follows:
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`Defendant has willfully directly infringed and contributed to infringement of the
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`Copyright Plaintiffs’ copyright protected motion pictures as outlined in Exhibit “1” to the FAC
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`(“Works”) in violation of 17 U.S.C. §§ 106, 501, et seq.;
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`Case 1:21-cv-00282-RDA-TCB Document 63-1 Filed 10/13/21 Page 2 of 4 PageID# 717
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`Defendant has willfully directly infringed Plaintiff 42’s registered trademark
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`“Popcorn Time” in violation of 15 U.S.C. §§ 1114;
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`Defendant knowingly and with the intent to induce, enable, facilitate, or conceal
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`infringement of the copyright protected Works intentionally induced, enticed, persuaded, and
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`caused its subscribers to commit DMCA violations pursuant to 17 U.S.C. § 1202;
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`Defendant has the right and ability to supervise and control the DMCA violations
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`that occur through the use of its service, and at all relevant times have derived a direct financial
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`benefit from the DMCA violations and infringements complained of in this action, but Defendant
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`has refused to take any meaningful action to prevent its’ subscribers’ DMCA violations and
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`infringements;
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`Defendant knowingly breached the contract between Defendant and Plaintiff 42
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`regarding their trademark dispute on Twitter;
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`Defendant was properly served by registered email at its respective email addresses;
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`Despite notice, Defendant failed to appear and defend in these proceedings;
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`Monetary Damages
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`Copyright Plaintiffs’ request for statutory damages pursuant to 17 U.S.C. § 504(c)
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`against Defendant in the amount of $3,150,000.00 is GRANTED;
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`Copyright Plaintiffs’ request for statutory damages pursuant to 17 U.S.C. §
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`1203(c)(3) for DMCA violations against Defendant in the amount of $525,000.00 is GRANTED;
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`Plaintiff 42’s request for statutory damages pursuant to 15 U.S.C. § 1117(c) against
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`Defendant in the amount of $2,000,000.00 is GRANTED;
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`Plaintiff 42’s request for actual damages for breach of contract against Defendant
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`in the amount of $4,900.00 is GRANTED;
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`Case 1:21-cv-00282-RDA-TCB Document 63-1 Filed 10/13/21 Page 3 of 4 PageID# 718
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`Reasonable attorney’s fees may be awarded to the prevailing party as part of the
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`costs. 17 U.S.C. §§ 505, 1203(b)(5). Accordingly, Plaintiffs’ request for attorney’s fees against
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`Defendant in the amount of $35,946.74 is GRANTED;
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`The recovery of full costs by or against a party may be awarded pursuant to 17
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`U.S.C. §§ 505, 1203(b)(4). Accordingly, Plaintiffs’ request for taxable costs of $627 against
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`Defendant is GRANTED;
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`Permanent Injunction against Defendant
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`Copyright Plaintiffs’ request for a permanent injunction against Defendant is
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`GRANTED. Defendant is enjoined from, directly or indirectly, infringing Copyright Plaintiffs’
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`rights in their motion pictures. Defendant shall not reproduce, copy, distribute, upload, or
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`otherwise make the Works available for public distribution, whether through the Internet or
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`otherwise, absent express written permission from Copyright Plaintiffs;
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`Plaintiff 42’s request for a permanent injunction against Defendant is GRANTED.
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`Defendant is enjoined from, directly or indirectly, infringing Plaintiff 42’s trademark “Popcorn
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`Time”. Defendant shall not use Plaintiff 42’s registered trademark, absent express written
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`permission from Plaintiff 42;
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`Domain Name Transfer
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`It is ORDERED that Defendant shall transfer the domain name popcorntime.app
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`to Plaintiff 42 within five days of receipt of this Judgment. To the extent Defendant does not
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`transfer the domain name popcorntime.app to Plaintiff 42 within five days of receipt of this
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`Judgment, Plaintiff 42 may serve this injunction on the registry of record with a request that the
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`registry facilitate the transfer of the domain to the control of Plaintiff 42.
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`The Court will retain jurisdiction for the purpose of enforcing the Order.
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`Case 1:21-cv-00282-RDA-TCB Document 63-1 Filed 10/13/21 Page 4 of 4 PageID# 719
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`The Clerk is instructed to enter this Final Default Judgment immediately.
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`SO ORDERED THIS ____ day of _____, 2021.
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`______________________
`United States District Judge
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