Case Title and Citation: Curtis et al. v. Illumination Arts, Case No. C12-0991JLR
Court: United States District Court, W.D. Washington, Seattle
Document status: Order Granting Default Judgment
Key issue or relevant point: Whether or not Plaintiffs’ motion for default judgment should be granted, and if granted, what should be: (a) the amount of statutory damages for willful infringement, and (b) the amount of attorney’s fees and expenses.
Ruling of Finding: Under the facts of the case the Motion for Default Judgment was granted. The court believed a “Substantial” award of statutory damages was more appropriate than a maximum award, largely based on the preexisting relationship between the parties. Here, although the Defendants’ conduct prior to and during litigation was tantamount to “egregious”, the previous long-term and mutually beneficial contractual and licensing relationship between the parties hindered the Courts willingness to award $150,000 in max damages. The Court also awarded reasonable attorney’s fees and expenses in favor of the Plaintiff.