Date: 07-21-2023

Case Style:

Laurie Rubin v. Trendland, L.L.C.

Case Number: 1:22-cv-09452

Judge: Paul A. Engelmayer

Court: United States District Court for the Southern District of New York (Manhattan County)

Plaintiff's Attorney: Joseph Dunn

Defendant's Attorney: No appearance

Description: New York City, New York intellectual property lawyer represented Plaintiff who sued Defendant on a copyright infringement theory in violation of 17 U.S.C. 501, which provides:

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.
(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.
(c) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection (c) of section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station.
(d) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111(c)(3), the following shall also have standing to sue: (i) the primary transmitter whose transmission has been altered by the cable system; and (ii) any broadcast station within whose local service area the secondary transmission occurs.
(e) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119(a)(3), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station.
(f)
(1) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station.
(2) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122(a)(2), to enforce that television broadcast station’s rights under section 338(a) of the Communications Act of 1934.

Outcome: 07/21/2023 22 OPINION & ORDER for 21 Report and Recommendations. For the foregoing reasons, the Court awards Rubin $17,500 in statutory damages under the Copyright Act; $1,942.50 in attorneys' fees; and $858.58 in costs. The Court respectfully directs the Clerk of Court to enter judgment in Rubin's favor in the amount of $20,301.08 and to terminate this case. (Signed by Judge Paul A. Engelmayer on 7/21/2023) (rro) Transmission to Orders and Judgments Clerk for processing. (Entered: 07/21/2023)
07/21/2023 23 CLERK'S JUDGMENT re: 21 Report and Recommendations 22 Order Adopting Report and Recommendations in favor of Laurie Rubin against Trendland LLC in the amount of $20,301.08. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 21, 2023, the Court has awarded Rubin $17,500 in statutory damages under the Copyright Act; $1,942.50 in attorneys' fees; and $858.58 in costs. Judgment is entered in Rubin's favor in the amount of $20,301.08; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/21/2023) (Attachments: # 1 Appeal Package) (km) (Entered: 07/21/2023)
07/21/2023 24 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 7/21/2023 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights.(km) (Entered: 07/21/2023)

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Defendant's Experts:

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