Cengage Learning, Inc. et al v. Shi et al
| Cengage Learning, Inc., Elsevier, Inc., McGraw-HIll Global Education Holdings, LLC, Pearson Education, Inc. and John Wiley & Sons, Inc. |
| Mike Shi, Jenny Li, Jackie Oswald, Does 1-10 and Ebookave.com |
| 1:2013cv07772 |
| November 1, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jed S. Rakoff |
| Copyrights |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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Filing
48
ORDER adopting 45 Report and Recommendations. Having reviewed the Report and Recommendation for clear error and found none, I hereby ADOPT the Report and Recommendation in its entirety. Defendants have been properly served with the Complaint and Summons; and none of the Defendants having filed an Answer, or otherwise appeared in this action; and the Clerk of Court having entered a Certificate of Default against Defendants on May 23, 2014; it is hereby ORDERED that Plain tiffs' Motion for Default Judgment and Permanent Injunction Against Defendants is GRANTED. Defendants are liable for willful copyright infringement under federal law, 17 U.S.C. §§ 101, et seq., and willful trademark infringement u nder federal law, 15 U.S.C. §§ 1114, et seq. As a result of Defendants' unlawful conduct, Plaintiffs are entitled to the entry of a final judgment and permanent injunction against Defendants. IT IS FURTHER ORDERED that Plainti ffs are awarded $5,000,000, along with prejudgment interest from November 1, 2013 calculated in accordance with the rate set forth in 28 U.S.C. § 1961. IT IS FURTHER ORDERED that Shi, and his agents, servants, employees, successors, a nd assigns, and all those acting in concern or participation with him, are permanently enjoined and restrained from: (a) directly or indirectly infringing Plaintiffs' rights in any copyrighted work or any trademarks that are owne d or controlled by Plaintiffs (or any parent, subsidiary, or affiliate of Plaintiffs), whether now in existence or later created ("Plaintiffs' Works"). (b) engaging in any of the following without written authority from the relev ant Plaintiff or Plaintiffs: (i) Copying, reproducing, downloading, distributing, uploading, linking to, transmitting, or otherwise exploiting in any manner any of Plaintiffs' Works; (ii) Enabling, facilitating, permitting, assisting, solic iting, encouraging or inducing others to copy, reproduce, download, distribute, upload, link to, transmit, or otherwise exploit any of Plaintiffs' Works; and (iii) Directly or indirectly using, operating, maintaining, assisting, distributing, or supporting any computer server, website, software, domain name, or payment processing system in connection with the copying, reproduction, downloading, distribution, uploading, linking to, transmission, or other exploitation in any ma nner of any of Plaintiffs' Works. (iv) Using any reproduction, counterfeit, copy, or colorable imitation of any of Plaintiffs' trademarks for or in connection with any of Plaintiffs' textbooks or other goods or services not aut horized by Plaintiffs; and (v) Engaging in any course of conduct likely to cause confusion, deception, or mistake, or injure Plaintiffs' business reputations or weaken the distinctive quality of Plaintiffs' trademarks, reputation, or goo dwill. IT IS FURTHER ORDERED that Shi, and his agents, servants, employees, successors, and assigns, and all those acting in concern or participation with him, shall destroy all infringing copies of Plaintiffs' Works that he has i n his possession, custody, or control. IT IS FURTHER ORDERED that Shi, and his agents, servants, employees, successors, and assigns, and all those acting in concert or participation with him, or, alternatively, the domain name registries acti ng on his or their behalf, shall transfer to a person or entity of Plaintiffs' choosing the eBookAve.com and BolteBook.com domains. IT IS FURTHER ORDERED that, in accordance with this Court's inherent equitable powers and its power to enforce compliance with its lawful orders, in the event Shi violates this Default Judgment and Permanent Injunction and/or Plaintiffs discover any new websites registered or operated by Shi containing or offering for sale, rent, or download an y material infringing Plaintiffs' Works or Plaintiffs' trademarks ("Newly-Detected Domains"), Plaintiffs, either collectively or individually, may move the Court for a supplemental order ("Supplemental Order"), in cluding to transfer to Plaintiffs the Websites' domain names and/or the Newly-Detected Domains. IT IS FURTHER ORDERED that the Court shall retain jurisdiction over the parties and the subject matter of this litigation for the purpose of int erpretation and enforcement of this Default Judgment and Permanent Injunction. The Clerk of Court is respectfully directed to enter judgement for Plaintiffs and close the case. (As further set forth in this Order.) (Signed by Judge Vernon S. Broderick on 3/21/2017) (mro)
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