MrBeastYouTube, LLC v. Bakencai
4:19-cv-00130
E.D.N.C.Jul 1, 2020Background
- Plaintiff MRBEASTYOUTUBE, LLC owns federally registered copyright and trademark for the "MrBeast" logo and sells branded merchandise.
- Defendant sold counterfeit shirts and hats bearing the MrBeast logo through an Amazon seller account named "Jorkey," using specific ASINs, shipping to North Carolina residents.
- Defendant submitted an Amazon counter-notice listing the name "Thomas Bakencai" and contact information consenting to suit; the address proved fictitious and searches found no U.S. person with that name. Amazon would not provide further identifying information.
- Plaintiff attempted in-person service, then obtained Court permission to serve by email under Fed. R. Civ. P. 4(f) and served the email used by defendant; defendant did not appear (but twice sent identical apology emails claiming remorse).
- Clerk’s default was entered; plaintiff moved for default judgment seeking statutory copyright damages and permanent injunctions for copyright and trademark infringement.
- The Court found willful copyright and trademark infringement, awarded $10,000 statutory damages, entered a permanent injunction against use of the MrBeast logo, and closed the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service by email under Fed. R. Civ. P. 4(f) was permissible where defendant could not be located in the U.S. | Email service was proper because defendant provided an email, could not be located domestically, and 4(f) permits other means not prohibited by international agreement. | No meaningful opposition; defendant was nonresponsive and provided fictitious contact info. | Court allowed email service under Rule 4(f) and accepted service as effective. |
| Whether default judgment may be entered despite inability to confirm defendant is not a minor or incompetent | Default judgment appropriate because defendant evaded process, provided fictitious info, and refused to appear. | No appearance; no argument. | Court proceeded with default judgment despite inability to confirm non-minor/non-incompetent status. |
| Whether defendant willfully infringed plaintiff's copyright and entitlement to statutory damages | Willful copying of the registered MrBeast logo and sales of counterfeit goods supports statutory damages; plaintiff elected statutory damages and requested $10,000. | No defense asserted. | Court found willful infringement, awarded $10,000 statutory damages under 17 U.S.C. § 504. |
| Whether defendant infringed plaintiff's trademark and whether a permanent injunction is warranted | Plaintiff owns registered trademark; defendant used counterfeit mark in commerce so consumer confusion is likely; injunction needed to prevent ongoing harm. | No defense asserted. | Court found trademark infringement and entered a permanent injunction under 15 U.S.C. § 1116(d)/§ 1125(c). |
Key Cases Cited
- Ryan v. Homecomings Fin. Network, 253 F.3d 778 (4th Cir. 2001) (after default, well-pleaded allegations are deemed admitted and court determines relief).
- EMI Apr. Music Inc. v. Rodriguez, 691 F. Supp. 2d 632 (M.D.N.C. 2010) (statutory damages available in lieu of actual damages under the Copyright Act).
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) (factors for permanent injunction include irreparable harm, inadequate legal remedy, balance of hardships, and public interest).
- Rosetta Stone Ltd. v. Google, Inc., 676 F.3d 144 (4th Cir. 2012) (elements required to prove trademark infringement).
- Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455 (4th Cir. 1996) (analysis of mark distinctiveness and likelihood of confusion).