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Eileen Grays LLC v. Remix Lighting Inc.

Award of Legal Fees, Injunction Under DMCA for Infringement on Works Explained

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   On March 23, 2018, Plaintiff Eileen Grays, LLC (“Plaintiff”) commenced this action against Defendant Remix Lighting, Inc. (“Defendant”). See Dkt. No. 1. Plaintiff alleges “infringement of several federally registered copyrights and a copyright that is the subject of a pending application in violation of 17 U.S.C. §501 and for knowing misrepresentation in a Digital Millennium Copyright Act (“DMCA”) notice and counter-notice in violation of 17 U.S.C. §512(f).” Id. On July 13, 2016, Plaintiff filed an amended complaint. See Dkt. No. 17. When Defendant failed to answer or otherwise respond to the amended complaint, Plaintiff obtained a Clerk’s entry of default. See Dkt. No. 27. Plaintiff now moves for default judgment against Defendant pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, a permanent injunction, as well as attorneys’ fees and costs. See Dkt. No. 42. II. BACKGROUND Plaintiff is a limited liability company organized under the laws of North Carolina, with its principal place of business in Chapel Hill, North Carolina. See Dkt. No. 1 at 1. Defendant is a corporation organized under the laws of New York, with its principal place of business in Albany, New York. See id. at 2. Plaintiff commenced this action by filing a Complaint against Remix Lighting, Inc. and Susoki, Inc. on March 23, 2018.1 See Dkt. No. 1. On May 2, 2018, Plaintiff filed an Amended Complaint. See Dkt. No. 17. In the Amended Complaint, Plaintiff asserts the following causes of action: (1) copyright infringement in violation of 17 U.S.C. §106; and (2) misrepresentation under the Digital Millennium Copyright Act, 17 U.S.C. §512(f). See Dkt. No. 17 at

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