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Fornix Holdings LLC v. Unknown Party
2:22-cv-01942
D. Ariz.
Jun 15, 2023
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Background

  • 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)
Read the full case

Case Details

Case Name: Fornix Holdings LLC v. Unknown Party
Court Name: District Court, D. Arizona
Date Published: Jun 15, 2023
Citation: 2:22-cv-01942
Docket Number: 2:22-cv-01942
Court Abbreviation: D. Ariz.