J&J Sports Productions Inc v. Bullock-Vazquez
1:17-cv-01272
E.D. Wis.Apr 9, 2018Background
- J & J Sports alleged that Mojitos Mexican Grill & Bar unlawfully intercepted and publicly exhibited the 9/13/2014 Mayweather–Maidana pay-per-view broadcast to patrons.
- Plaintiff owns distribution rights and sells commercial licenses; its rate for a 0–100 capacity venue was $2,200.
- Investigator observed the fight on five screens at Mojitos between 9:31 p.m. and 10:55 p.m.; headcounts ranged 65–80 patrons.
- Mojitos (the LLC) defaulted; two individual defendants answered but stipulated many facts. Clerk entered default as to Mojitos; plaintiff moved for default judgment.
- Court treated undisputed and deemed-admitted facts as establishing willful exhibition for commercial advantage and considered liability under 47 U.S.C. § 605.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mojitos unlawfully intercepted and exhibited the broadcast under § 605 | Mojitos displayed the satellite-originated Broadcast to patrons without a sublicense or payment | Mojitos did not appear to contest; transmission medium (satellite vs. cable) not established | Default and stipulations support liability under § 605; court finds willful exhibition for commercial advantage |
| Whether § 553 or § 605 applies | Plaintiff elected relief under § 605 (higher damages) | Transmission medium unclear; §553 applies to cable, §605 to radio/satellite | Court applies § 605 despite lack of proof of satellite because default deprived plaintiff of discovery; liability under §605 established |
| Appropriate statutory damages amount under §605 | Statutory damages available $1,000–$10,000; plaintiff sought amount tied to commercial rate | No contest from defaulting defendant | Court awarded statutory damages equal to plaintiff’s commercial rate: $2,200 |
| Whether enhanced damages, fees, and costs are appropriate and amount | Plaintiff sought enhanced damages for willfulness and attorneys’ fees/costs ($1,722) | No contest from Mojitos | Court found willful violation, awarded enhanced damages of $6,600 (3x statutory), and $1,722 in fees/costs; total judgment $10,522 |
Key Cases Cited
- Black v. Lane, 22 F.3d 1395 (7th Cir. 1994) (defaulted factual allegations may be deemed admitted)
- United States v. Norris, 88 F.3d 462 (7th Cir. 1996) (§605 governs over‑the‑air/satellite interception; §553 governs cable interception)
- Time Warner Cable of N.Y. City v. Googies Luncheonette, Inc., 77 F. Supp. 2d 485 (S.D.N.Y. 1999) (statutory damages approaches and analysis of willfulness in exhibitor piracy cases)
- Kingvision Pay‑Per‑View, Ltd. v. Scott E’s Pub., Inc., 146 F. Supp. 2d 955 (E.D. Wis. 2001) (uses plaintiff’s commercial licensing rate tied to venue capacity to calculate statutory damages)
- ON/TV v. Julien, 763 F.2d 839 (7th Cir. 1985) (definition of willfulness as disregard/indifference to statute)
- Garden City Boxing Club, Inc. v. Frezza, 476 F. Supp. 2d 135 (D. Conn. 2007) (courts may infer willfulness from defendant’s failure to appear in litigation seeking enhanced damages)