Broderbund Software, Inc. v. Megatronics, Inc.

E.D. New York

Broderbund Software, Inc. v. Megatronics, Inc.

859 F. Supp. 640, 1994 U.S. Dist. LEXIS 8518

CourtDistrict Court, E.D. New York

DecidedJune 21, 1994

DocketCV 93-2063, 93-2367 and 93-2368

StatusPublished

This text of 859 F. Supp. 640 (Broderbund Software, Inc. v. Megatronics, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Broderbund Software, Inc. v. Megatronics, Inc., 859 F. Supp. 640, 1994 U.S. Dist. LEXIS 8518 (E.D.N.Y. 1994).

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Opinion

MEMORANDUM AND ORDER

WEXLER, District Judge.

In each of the above-captioned copyright infringement actions, plaintiffs move to strike the jury demands of the respective defendants. Defendants in each of the actions oppose the motions. The motions are consolidated for purposes of this Court’s decision.

Because plaintiffs seek injunctive relief and statutory damages, as permitted by 17 U.S.C. § 504(e), and not actual damages, defendants are not entitled to trial by jury. See Oboler v. Goldin, 714 F.2d 211, 213 (2d Cir.1983); Hunter Broadcasting, Inc. v. Broadcast Music, Inc., No. 83-342, 1984 WL 2125 (D.Vt. May 29, 1984); see also Janus Films, Inc. v. Miller, 801 F.2d 578, 580 (2d Cir.1986) (citing Oboler, supra, in noting lower court’s grant of plaintiff’s motion to strike a jury demand in a copyright infringement action where plaintiff waived its claim for actual damages and sought statutory damages).

Accordingly, plaintiffs’ motions to strike defendants’ jury demands are granted.

SO ORDERED.

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MEMORANDUM AND ORDER

WEXLER, District Judge.

In each of the above-captioned copyright infringement actions, plaintiffs move to strike the jury demands of the respective defendants. Defendants in each of the actions oppose the motions. The motions are consolidated for purposes of this Court’s decision.

Because plaintiffs seek injunctive relief and statutory damages, as permitted by 17 U.S.C. § 504(e), and not actual damages, defendants are not entitled to trial by jury. See Oboler v. Goldin, 714 F.2d 211, 213 (2d Cir.1983); Hunter Broadcasting, Inc. v. Broadcast Music, Inc., No. 83-342, 1984 WL 2125 (D.Vt. May 29, 1984); see also Janus Films, Inc. v. Miller, 801 F.2d 578, 580 (2d Cir.1986) (citing Oboler, supra, in noting lower court’s grant of plaintiff’s motion to strike a jury demand in a copyright infringement action where plaintiff waived its claim for actual damages and sought statutory damages).

Accordingly, plaintiffs’ motions to strike defendants’ jury demands are granted.

SO ORDERED.

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Bluebook (online)

859 F. Supp. 640, 1994 U.S. Dist. LEXIS 8518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broderbund-software-inc-v-megatronics-inc-nyed-1994.

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