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Vigliotti v. Little Mumbai Market Inc.

Five Fold Multiplier of Photo's Market Value Appropriate for Willful Infringement, Default

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MEMORANDUM OPINION AND ORDER Gregg Vigliotti (“Plaintiff”) filed his Complaint on March 1, 2024 alleging one claim of direct copyright infringement under the Copyright Act, 17 U.S.C. §501 et seq., against Little Mumbai Market Inc. (“Defendant”) for unauthorized use of a photograph (“Work”). (Doc. 1, “Compl.”). Plaintiff served Defendant with a copy of the Summons and Complaint on March 11, 2024 via the office of the Secretary of State of the State of New York (Doc. 7), secured a Certificate of Default on April 12, 2024 (Doc. 10), and on June 14, 2024, Plaintiff moved for a default judgment, damages, costs, and attorneys’ fees against Defendant by way of an order to show cause, in accordance with this Court’s Individual Practices. (See Doc. 12 — Doc. 15). The Court, on June 17, 2024, issued an Order to Show Cause directing Defendant to explain by July 29, 2024, “why an order for default judgment should not be issued….” (Doc. 16). Plaintiff served the Order to Show Cause and supporting papers on Defendant on June 18, 2024. (Doc. 17). As of the date of this Order, Defendant has neither appeared nor responded to any filing in this action. For the reasons set forth below, Plaintiff’s motion is GRANTED. BACKGROUND Plaintiff alleges that he first published the Work, reproduced below, in 2013: (Compl. 15, Ex. 1). Plaintiff registered the Work with the United States Copyright Office under Registration Number VA 2-094-570 on March 2, 2018. (Id. 17). Despite the fact that Defendant never secured a license to use the Work, Plaintiff observed and discovered the unauthorized use of the Work on April 11, 2022. (Id.

26, 30). Plaintiff alleges that Defendant displayed the Photograph on its Facebook account as early as May 7, 2015 and on its website on or about June 2021 (Id.

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