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Adlife Mktg. & Commc'ns Co. Inc. v. Buckingham Bros. LLC

Failure to State Photo's Registration Date Inadequately States Claim for Damages, Fees

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Adlife Marketing & Communications Company, Inc. filed the present copyright infringement action against Buckingham Brothers, LLC on July 4, 2019. Dkt. No. 1 (“Complaint”). Defendant failed to respond to this action by the July 30, 2019 deadline. Dkt. No. 15. Currently before the Court is Plaintiff’s unopposed motion for default judgment. See Dkt. Nos. 9 (“Declaration in Support”); 12 (“Plaintiff’s Motion”); 13 (“Plaintiff’s Memorandum”); 14 (“Liebowitz Declaration”); 15 (“Proposed Order”); 16 (“Affidavit of Service”). For the reasons stated below, Plaintiff’s Motion is denied, and the Court imposes sanctions against Plaintiff’s counsel. II. BACKGROUND “The following facts are taken from the [] Complaint and are assumed to be true for purposes of the instant motion.” Chiquita Fresh N. Am., LLC v. Long Is. Banana Corp., No. 14-CV-982, 2018 WL 1786991, at *1 (E.D.N.Y. Feb. 28, 2018), report and recommendation adopted by 293 F. Supp. 3d 305 (E.D.N.Y. 2018). Plaintiff is an advertising agency specializing in design, digital marketing, print advertising, and photography. Compl. 1. Plaintiff is represented by the Liebowitz Law Firm, PLLC (“LLF”), with Richard Liebowitz as lead counsel. Defendant is a domestic limited liability company. Id. 6. Plaintiff is copyright holder of a photograph of pork (the “Photograph”). The Photograph was properly registered with the United States Copyright Office. Id. 8. Defendant printed the Photograph in its weekly advertisements for its food products. Id. 1. Defendant did so without a license, permission, or consent from Plaintiff. Id.

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