Fornix Holdings LLC v. Unknown Party
2:22-cv-01942
D. Ariz.Jun 15, 2023Background
- Plaintiffs Fornix Holdings LLC and CP Productions sued John Doe #1 (Daftsex/"DS") and John Doe #2 (Pornwild/"PW") for copyright infringement of 967 adult-photo/video works (157 registered).
- Plaintiffs obtained a TRO and then a Preliminary Injunction (PI) earlier that enjoined PW (disabled/suspended several PW domains via Namecheap/Cloudflare/Tucows/ClouDNS) but denied injunctive relief against DS after DS removed Plaintiffs’ Registered Works from its sites.
- Defendants were served (including by court-permitted email) but never answered or appeared; plaintiffs subsequently moved for default judgment seeking declaratory and injunctive relief (they abandoned monetary damages).
- The Court found personal and subject-matter jurisdiction, applied the Eitel factors, and concluded default judgment was proper in part.
- The Court entered a declaration of direct copyright infringement and willful awareness against both DS and PW, issued a permanent injunction against PW (broad prohibitions and orders to registrars/hosts, including relief as to an additional domain pornwild.su), declined permanent injunctive relief and domain transfer against DS, and allowed plaintiffs to file a fees/costs motion within 14 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment is appropriate | Eitel factors favor default judgment because defendants were served and did not appear | No appearance; no opposition | Granted in part; default judgment entered against DS and PW |
| Whether plaintiffs established direct and willful copyright infringement | Plaintiffs own registered works; notices in works show defendants were aware; facts in complaint taken as true on default | No response | Court declared DS and PW directly infringed and sufficiently alleged willful awareness |
| Whether permanent injunctive relief should issue against PW and its domains/providers | Permanent injunction needed: disable/suspend/lock domains, prohibit operations, bar transfers, extend to pornwild.su | No response | Permanent injunction against PW granted with detailed prohibitions and orders to Namecheap, Cloudflare, Tucows, ClouDNS; includes pornwild.su |
| Whether permanent injunctive relief or domain transfer is warranted against DS | Plaintiffs seek injunction and domain transfer to prevent recurrence | No response; record shows DS removed Registered Works and no reappearance | Court declined permanent injunction and domain-transfer relief as to DS (no changed circumstances) |
| Remedies, enforcement, and fees | Plaintiffs seek injunctive relief now, reserve fees/costs | N/A | Court permitted plaintiffs to move for fees within 14 days, lifted automatic stay, and retained jurisdiction to enforce injunction |
Key Cases Cited
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (framework for default-judgment factors)
- In re Tuli, 172 F.3d 707 (9th Cir. 1999) (court must confirm jurisdiction before default judgment)
- Geddes v. United Fin. Group, 559 F.2d 557 (9th Cir. 1977) (allegations in complaint taken as true on default)
- Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980) (district court discretion to enter default judgment)
- Bell v. Wilmott Storage Servs., LLC, 12 F.4th 1065 (9th Cir. 2021) (elements for prima facie direct copyright infringement)
- Perfect 10, Inc. v. Giganews, Inc., 847 F.3d 657 (9th Cir. 2017) (copyright-infringement causation and proof principles)
- Erickson Prods. v. Kast, 921 F.3d 822 (9th Cir. 2019) (standard for showing willful infringement)
- Danning v. Lavine, 572 F.2d 1386 (9th Cir. 1978) (default judgment: well-pleaded facts bind the defaulting party)
