Deseret Book Company v. Nanjing Lian Yidu Trading Co., Ltd.

Summary

The United States District Court for the District of Utah grants Deseret Book Company’s motion for default judgment and a permanent injunction against Nanjing Lian Yidu Trading Co., Ltd. The court finds that Nanjing willfully infringed 66 registered copyrights through 516 Amazon product listings and awards $330,000 in statutory damages. The court also awards Deseret Book $42,334.50 in attorneys’ fees and costs and imposes a permanent injunction against further infringement.

Holdings

1. The court had subject-matter jurisdiction under 28 U.S.C. § 1331 because the claims arose under federal copyright law.
2. The court could exercise personal jurisdiction over Nanjing because Nanjing consented to jurisdiction in Utah through its DMCA counter-notifications.
3. The well-pleaded allegations established that Nanjing infringed Deseret Book's copyrights by making and distributing unauthorized exact copies of the 66 protected works.
4. Because Nanjing's infringement was willful, the court awarded $5,000 per copyrighted work, totaling $330,000 for the 66 works.
5. Deseret Book was entitled to a permanent injunction prohibiting Nanjing and persons acting in concert with it from further infringing Deseret Book's copyrighted works.
6. Deseret Book was entitled to $42,334.50 in reasonable attorney's fees and costs under 17 U.S.C. § 505.

Questions Presented

1. Whether the court had subject-matter jurisdiction over the federal copyright-infringement action.
2. Whether Nanjing consented to personal jurisdiction in Utah through its DMCA counter-notifications.
3. Whether the well-pleaded allegations established copyright infringement sufficient to support default judgment.
4. Whether plaintiff was entitled to statutory damages and, if so, the appropriate amount.
5. Whether plaintiff was entitled to a permanent injunction.
6. Whether plaintiff was entitled to attorney's fees and costs.

Disposition

other