Michael Gaffney v. Muhammad Ali Enterprises LLC, Authentic Brands Group LLC, Roots of, Inc., and Does 1-10

CourtDistrict Court, S.D. New York
DecidedMarch 31, 2026
Docket1:18-cv-08770
StatusUnknown

This text of Michael Gaffney v. Muhammad Ali Enterprises LLC, Authentic Brands Group LLC, Roots of, Inc., and Does 1-10 (Michael Gaffney v. Muhammad Ali Enterprises LLC, Authentic Brands Group LLC, Roots of, Inc., and Does 1-10) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Gaffney v. Muhammad Ali Enterprises LLC, Authentic Brands Group LLC, Roots of, Inc., and Does 1-10, (S.D.N.Y. 2026).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK eee ee ew ee ee ee ee ee ee ee EE x MICHAEL GAFFNEY, Plaintiff, -against- MEMORANDUM DECISION : AND ORDER MUHAMMAD ALI ENTERPRISES LLC, a New York | Limited Liability Company, AUTHENTIC BRANDS GROUP LLC, a New York Limited Liability Company, : 18 Civ. 08770 (GBD) (OTW) ROOTS OF, INC., a California corporation d/b/a “ROOTS . : Civ. OF FIGHT;” and DOES 1-10, 20 Civ. 7113 (GBD) (OTW)

Defendants. j=seer ene ee we mw ee wee ee eee ee ee ee x GEORGE B. DANIELS, United States District Judge:

Before this Court are Plaintiff Michael Gaffney’s (“Gaffney”) motions for pre- and post- judgment interest (ECF No. 356)! and attorney’s fees and costs (ECF No. 358). Magistrate Judge Ona T. Wang issued a Report and Recommendation on March 2, 2026, recommending that Plaintiff’s motion for attorney’s fees and costs be granted with modifications, and that Plaintiffs motion for pre- and post-judgment interest be denied in part and granted in part. (See Report and Recommendation (“Report”), ECF No. 403.) On March 16, 2026, Defendants Muhammad Ali Enterprises and Authentic Brands Group (collectively, “Defendants”) filed timely objections to the Report. (Objections to Report and Recommendation, (“Objs.”), ECF No. 404.) Plaintiff filed a timely reply to Defendants’ objections. (Reply, ECF No. 405.) This Court undertakes a de novo

‘Except as otherwise noted, all ECF citations herein refer to documents filed under the lead case, 18 Civ. 08770.

review of the portions of the Report to which Defendants have timely objected.* The remainder of the Report is reviewed for clear error. Having done so, this Court OVERRULES Defendants’ objections and ADOPTS the Report in its entirety.

I. BACKGROUND AND PROCEDURAL HISTORY?

Plaintiff, Michael Gaffney, is a photographer who was exclusively hired to take photographs of Boxer Muhammad Ali. (Report at 1.) In 2011, Gaffney entered into a licensing agreement (“Agreement”) with Defendant Muhammad Ali Enterprises for the use of several photographs. (/d.) The Agreement granted an “exclusive license” for certain uses, some of which exceeded the expiration of the Agreement in 2015. (Ud. at 1-2.) After the agreement expired, Defendants continued to use Plaintiff’s photographs until April 30, 2019. (Ud. at 2.) Defendants paid some royalties to Plaintiff through 2018. (Ud) No later than 2018, Plaintiff informed Defendants that they were using his photographs without permission. (/d. at 9.) By the time Plaintiff commenced his infringement action, Defendants had stopped paying royalties. (ECF No. 352 at 5.)

At trial, the jury found ample evidence that Defendants were aware of the post-termination uses of twenty-three of Plaintiff’s photographs. (/d. at 14-15.) Based on these findings, the jury returned a verdict for Gaffney, awarding $362,665 in actual damages and $750,000 in infringement profits, or $1,650,000 in maximum statutory damages for willful infringement of eleven of the photographs. (Report at 2.)

2 Defendants object only to the Report’s recommendation of the award for attorney’s fees and costs, and not to the recommendations on the separate motion for pre-and post-judgment interest. (See Objs. at 1 n.1.) 3 This Court presumes the parties’ familiarity with the factual and procedural background of this case and only the facts relevant to the instant motion are recounted herein.

On October 15, 2024, following the jury verdict, Defendants filed post-trial motions seeking judgment as a matter of law that their infringement was not willful, and that one of the photographs was ineligible for statutory damages. (ECF No. 314.) In the alternative, Defendants moved for a new trial on statutory damages, or for remittitur. (/d.) Further, Defendants moved for a reduction of the award for infringement profits. (ECF No. 318.) This Court granted the motion to reduce the infringement profits award but denied the motion regarding willfulness and statutory damages. (ECF No. 352.) In doing so, this Court reduced the actual profits award to $4,649.60, and upheld the total statutory damages award, finding willful infringement as to the unauthorized use of eleven photographs. (/d.)

On August 22, 2025, Plaintiff filed motions for attorneys’ fees and costs, and pre- and post- judgment interest. (ECF Nos. 358, 356.) On September 2, 2025, the motions were referred to Magistrate Judge Ona T. Wang for a Report and Recommendation. (ECF No. 362.)

Il. LEGAL STANDARD

This Court “may accept, reject, or modify, in whole or in part, the findings and recommendations” set forth in a magistrate judge’s report. 28 U.S.C § 636(b)(1)(C). “When a timely filed objection raises and properly briefs arguments previously rejected by the magistrate judge, the district judge must review those arguments de novo.” Nambiar v. Cent. Orthopedic Grp., LLP, 158 F.4th 349, 361 (2d Cir. 2025). However, the district court need not conduct a de novo hearing on the matter. See United States v. Raddatz, 447 U.S. 667, 675-76 (1980). Instead, it is sufficient that the district court “arrive at its own, independent conclusion.” Nelson y. Smith, 618 F. Supp. 1186, 1189-90 (S.D.N.Y. 1985) (citation omitted). Portions of the magistrate judge’s report to which no objections are made are reviewed for clear error. See Edwards v. Fishcher, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006). Clear error

is present when, “upon review of the entire record, [the court is] left with the definite and firm conviction that a mistake has been committed.” See United States v. Snow, 462 F.3d 55, 72 (2d Cir. 2006) (citation and internal quotation marks omitted). WI. THE REPORT IS ADOPTED IN ITS ENTIRETY

Defendants object to the Report’s conclusion that an award of attorney’s fees and costs is proper. (Objs. at 3-9.) Defendants further object to the amount of the lodestar fee calculation and reductions. (/d. at 11-20.) Finally, Defendants object to the Report’s recommended cost award and deductions. (/d. at 20-23.) Defendants do not object to the Report’s conclusions as to pre- and post-judgment interest. (/d. at | n.1.)

A. An Award of Attorney’s Fees and Costs is Appropriate

Magistrate Judge Wang correctly determined that an award of attorney’s fees and costs was appropriate under 17 U.S.C. § 505. The Copyright Act provides that a district court may “in its discretion . . . allow the recovery of full costs by or against any party” and “award a reasonable attorney’s fee to the prevailing party as part of the costs. 17 U.S.C. § 505. District courts are given “broad leeway” to award attorney’s fees and costs. Kirtsaeng v. John Wiley and Son, Inc., 579 U.S. 197, 202 (2016). While courts have broad discretion under § 505, the Supreme Court has laid out “several principles and criteria to guide their decisions”, which must be applied on a case-by- case basis. /d. (citing Fogerty v. Fantasty, Inc., 510 U.S. 517, 533, 534 (1994)).

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Bluebook (online)
Michael Gaffney v. Muhammad Ali Enterprises LLC, Authentic Brands Group LLC, Roots of, Inc., and Does 1-10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-gaffney-v-muhammad-ali-enterprises-llc-authentic-brands-group-nysd-2026.