Beastie Boys et al v. Monster Energy Corporation
| Beastie Boys, Michael Diamond, Adam Horovitz and Dechen Yauch |
| Monster Energy Corporation |
| 1:2012cv06065 |
| August 8, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Engelmayer |
| Copyrights |
| 15 U.S.C. ยง 1125 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
216
OPINION & ORDER: For the foregoing reasons, the Court hereby awards the Beastie Boys attorneys' fees in the amount of $667,849.14. The Clerk of Court is directed to terminate the motion pending at docket number 188, and to close this case. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 6/15/2015) (kl) Modified on 6/15/2015 (kl).
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Filing
202
OPINION & ORDER: The Court hereby finds, based on the undisputed calculations above, that Brooklyn Dust is entitled to $108,000 in copyright damages for each of the first four musical composition copyrights and $59,400 for the musical co mposition copyright for "Looking Down the Barrel of a Gun." These awards total $491,400, Should UMPG, as a co-owner, obtain judgment against Monster on these five claims based on collateral estoppel, it would be entitled to an award of damages, consistent with these calculations, totaling $54,600. In so ordering, the Court recognizes the theoretical - albeit unlikely - possibility that Dust Brothers, or one or more of its individual members, will one day surface and purs ue judgment against Monster, while claiming a greater ownership interest in the musical composition copyright for "Looking Down a Barrel of a Gun" than that posited by plaintiffs. To protect Monster against that contingency, the Court agr ees with Monster (see Dkt. 199) that it is proper to require plaintiffs to indemnify Monster for any damages awarded to Dust Brothers for infringement of this copyright that are based on a finding of an ownership interest for Dust Brothers exceedi ng 45o/o. Plaintiffs do not appear to object to this reasonable condition. Accordingly, for the reasons stated herein: The Court awards a total of $300,000 to the Beastie Boys for Monster's infringement of the five sound recording copyrights at issue in this litigation. The Court also awards a total of $491,400 to Brooklyn Dust for Monster's infringement of the five musical composition copyrights. (Signed by Judge Paul A. Engelmayer on 2/20/2015) (kgo)
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Filing
181
OPINION & ORDER re: 168 MOTION for Judgment as a Matter of Law and for a New Trial. filed by Monster Energy Company. For the foregoing reasons, Monster's motions pursuant to Rules 50 and 59 are denied. The Clerk of Court is respectf ully directed to terminate the motion pending at docket number 168. An order as to next steps in the case-and in particular, soliciting information from the parties necessary to complete the final judgment that will close this case-will issue shortly. (Signed by Judge Paul A. Engelmayer on 12/4/2014) (djc)
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Filing
119
OPINION & ORDER re: 109 MOTION to Preclude Expert Testimony. filed by Monster Energy Company. For the foregoing reasons, Monster's motion to preclude Thomas's testimony is denied, except that Thomas may not testify regarding the GoldieBlox Settlement, see Section III.A.2, supra. The Clerk of Court is directed to terminate the motion pending at docket number 109.(Signed by Judge Paul A. Engelmayer on 5/7/2014) (djc)
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Filing
89
OPINION & ORDER re: 63 MOTION to Preclude Plaintiff's Expert Testimony filed by Monster Energy Company. Monster's motion to preclude Lisa Thomas is denied, except as specified in Section II.B, supra. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 63. (Signed by Judge Paul A. Engelmayer on 3/6/2014) (lmb)
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Filing
51
OPINION & ORDER re: 36 MOTION for Summary Judgment. filed by Zack Sciacca. Third-party defendant Sciaccas motion for summary judgment is granted. The Clerk of Court is respectfully directed to dismiss him from this case and to terminate the motion pending at docket number 36. (Signed by Judge Paul A. Engelmayer on 11/4/2013) (djc)
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