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Boesen v. DiMoro Enters. LLC

Second Bid for Default Judgment Granted But Only $692 in Damages Awarded for Infringement

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Attorneys for Plaintiff: Craig B. Sanders, Esq.1, of counsel, Barshay Sanders, PLLC, Garden City, New York. For Defendant: DiMoro Enterprises, LLC. MEMORANDUM DECISION AND ORDER I. INTRODUCTION Pending before the Court is Plaintiff’s second motion for entry of a default judgment pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure. See Dkt. No. 17. II. BACKGROUND Plaintiff brings this action for copyright infringement under Section 501 of the Copyright Act. See Dkt. No. 1, Complaint, at 1. Plaintiff, whose business is located in Denmark, is a professional photographer, who is in the business of licensing his photographs for a fee. See id. at 5. Plaintiff alleges that Defendant owns and operates a website at 222.SportsRantz.com (the “Website”). See id. Plaintiff asserts that he photographed tennis player Caroline Wozniacki, is the author of that photograph (the “Photograph”), and at all times has been the sole owner of all right, title and interest in and to the Photograph, including the copyright thereto. See id. at 8. Furthermore, Plaintiff states that he registered the Photograph with the United States Copyright Office, which issued him Copyright Registration Number VA 2-190-386. See id. at

8-9. According to Plaintiff, this action arises out of Defendant’s unauthorized reproduction and public display of the copyrighted Photograph. See id. at 1. Specifically, Plaintiff alleges that Defendant ran an article on the Website entitled, Caroline Wozniacki Retiring After 2020 Australian Open, which featured the Photograph. See id. at 10 (citing https://sportsrantz.com/2019/12/06/caroline-wozniacki-retiring-after-2020-australian-open/). Plaintiff alleges that Defendant did not license the Photograph from him for its article nor did Defendant have his permission or consent to publish the Photograph on the Website. See id. at 11. Based on these allegations, Plaintiff asserts a claim for copyright infringement pursuant to 17 U.S.C. §§106, 502. See id. at

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