Kozina v. Jackson
2:23-cv-00201
E.D. Cal.Jul 24, 2024Background
- Plaintiff Vladimir Frank Kozina, a California attorney, filed suit against Ponie Jackson (a/k/a Ponie Ryan) for copyright infringement and unfair competition.
- Kozina alleges ownership of two registered copyright works, which he claims Jackson used in photographs and posters for sale without authorization, despite being licensed only to Saint Mary’s High School.
- Defendant was personally served but did not respond, resulting in entry of default by the Clerk.
- Kozina moved for default judgment, seeking $375,000, but his motion was only three sentences long and did not include legal support or evidence of damages.
- The court denied the motion for default judgment as deficient and dismissed the complaint with leave to amend, citing insufficiency in the allegations, particularly regarding how infringement occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of Default Judgment Motion | Kozina: Default entered justifies immediate judgment | No appearance/opposition | Motion denied; insufficient legal analysis/support |
| Sufficiency of Copyright Allegations | Kozina: Alleged over 500 instances of infringement | No appearance/opposition | Allegations too bare; complaint dismissed w/leave |
| Preemption of Unfair Competition Claim | Kozina: CA § 17200 claim based on same conduct as copyright | No appearance/opposition | State claim preempted; dismissed w/leave |
| Damages Evidence | Kozina: Seeks $375,000; provided no calculation detail | No appearance/opposition | No evidence; must prove damages if refiled |
Key Cases Cited
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (sets out factors for granting default judgment)
- NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606 (9th Cir. 2016) (court discretion on default judgment)
- A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001) (requirements for direct copyright infringement)
- Fair Hous. of Marin v. Combs, 285 F.3d 899 (9th Cir. 2002) (factual allegations deemed true on default except damages)
- Kodadek v. MTV Networks, Inc., 152 F.3d 1209 (9th Cir. 1998) (copyright claims preempting state unfair competition claims)