Collins v. Binduo Electronic Business, Inc.

Summary

The United States District Court for the District of Colorado addresses Peggy Collins’s motion for default judgment against Binduo Electronic Business, Inc. in a copyright infringement action. The court finds that service was properly effectuated, that it has jurisdiction, and that the admitted allegations establish copyright infringement. The court awards $2,000 in statutory damages based on the infringement of one copyrighted work.

Holdings

1. The Court had subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) because the action arose under federal copyright law.
2. Service on Binduo by certified mail was proper under Colo. Rev. Stat. § 7-90-704(2), was perfected five days after mailing, and established personal jurisdiction sufficient for default judgment.
3. The admitted allegations established that Binduo infringed Collins's copyright.
4. Collins was entitled to $2,000 in statutory damages for infringement of one copyrighted work.
5. The Court awarded Collins $997.50 in attorney's fees and $400 in costs under 17 U.S.C. § 505.
6. The Court denied injunctive relief, prejudgment interest, and the request to retain jurisdiction because those requests were not renewed or adequately supported.

Questions Presented

1. Whether the Court had subject matter jurisdiction over the federal copyright-infringement claim.
2. Whether Binduo was properly served so that the Court could exercise personal jurisdiction and enter default judgment.
3. Whether the admitted allegations established copyright infringement.
4. What amount of statutory damages, attorney's fees, and costs should be awarded.
5. Whether injunctive relief, prejudgment interest, and retention of jurisdiction should be granted.

Disposition

other