Dolls Kill, Inc. v. RebelsMarket, Inc.
3:24-cv-02818
N.D. Cal.Apr 3, 2025Background
- Dolls Kill, Inc. sued RebelsMarket, Inc. for willful infringement of 30 copyrighted works (photographs and graphics), alleging use of those works to advertise knock-off products on RebelsMarket’s website.
- Defendant RebelsMarket, Inc. did not respond to the complaint, and default was entered against it.
- Dolls Kill moved for default judgment, seeking the maximum statutory damages ($4.5 million), a permanent injunction, and a finding entitling them to full costs and attorney’s fees.
- The court considered the motion under the standards established by Ninth Circuit precedent (Eitel factors).
- Plaintiff did not elaborate on damages calculation nor provide argument for attorney's fees beyond referencing entitlement by statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statutory Damages Amount | Seeks $4.5M, max allowed, to deter infringement | None (default) | Awarded $1.5M ($50,000/work x 30), not maximum sought |
| Permanent Injunction | Seeks to enjoin further infringement of registered works | None | Injunction granted covering twelve registrations in complaint |
| Entitlement to Full Costs and Attorney’s Fees | Entitled by statute, requests declaration of entitlement | None | Denied without prejudice; must show entitlement post-judgment |
| Finding of Willful Infringement | Defendant acted willfully in using protected works | None | Found willful based on admitted allegations due to default |
Key Cases Cited
- Geddes v. United Financial Group, 559 F.2d 557 (9th Cir. 1977) (allegations, other than damages, are taken as true on default)
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (factors for granting default judgment)
- Kirtsaeng v. John Wiley & Sons, Inc., 579 U.S. 197 (2016) (attorney’s fees under § 505 require particularized assessment)