Default Judgment Against Pawico in Copyright Infringement Case
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📋 Case Summary
| Case Name | Cheddar Creations Inc. et al. v. Pawico |
| Case Number | 2:20-cv-01768 |
| Court | U.S. District Court for the Western District of Washington |
| Duration | Dec 2, 2020 – Mar 31, 2024 ~3.3 years |
| Outcome | Plaintiff Win — $43,238 Damages + Permanent Injunction |
| IP at Issue | Also referenced: US Patent No. US8117706B2 (manual cleaning instrument) |
| Accused Conduct | Unauthorized publication of derivative works of “ChomChom Roller Ad” |
Case Overview
The Parties
⚖️ Plaintiffs
Entities associated with the ChomChom Roller brand, holding copyright over its advertising content. Jointly brought this action.
🛡️ Defendant
The sole defendant, identified as the infringing party, who failed to appear or defend against the copyright infringement allegations.
The Copyrighted Work at Issue
The protected work is the **”ChomChom Roller Ad,”** registered with the U.S. Copyright Office under **Registration Number PA 2-245-379**. This audiovisual work is central to the ChomChom Roller’s digital marketing presence.
- • © PA 2-245-379 — “ChomChom Roller Ad” (audiovisual/motion picture)
- • The complaint also referenced U.S. Patent No. US8117706B2 (a manual cleaning instrument), though the judgment centered on copyright claims.
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The Verdict & Legal Analysis
Outcome
On **March 31, 2024**, Chief Judge Lauren King entered final default judgment against Pawico, ordering **$30,000 in statutory damages** for copyright infringement, plus **$12,498 in attorney’s fees**, and **$740 in costs**. A **permanent injunction** was also issued, barring future infringement of the ChomChom Roller Ad. The total award reached **$43,238**.
Key Legal Issues
The judgment arose from Pawico’s **complete failure to appear or defend**, leading to a default under Federal Rule of Civil Procedure 55. The Court’s careful scrutiny of the plaintiff’s motion for default judgment, even in the absence of a defending party, highlights that courts independently assess the legal supportability and proportionality of requested relief.
The $30,000 statutory damages award is at the higher end of the non-willful infringement range under 17 U.S.C. § 504(c)(1), indicating the Court found the infringement serious. The attorney’s fees award of $12,498 is consistent with the Copyright Act’s fee-shifting provisions under 17 U.S.C. § 505, which incentivizes copyright enforcement.
IP Risk & Enforcement Analysis
This case highlights critical IP risks in digital marketing and e-commerce. Choose your next step:
📋 Understand This Case’s Impact
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- View related copyright registrations in e-commerce
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- Understand default judgment outcomes and damages
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High Risk Area
Derivative use of competitor video ads
PA 2-245-379
Registration for ChomChom Roller Ad
Proactive Protection
Register all valuable ad content
✅ Key Takeaways
Audiovisual advertising content is fully protectable, and unauthorized use carries significant exposure.
Search related case law →Default judgment does not guarantee full requested relief; submit detailed, legally grounded damages and fee requests.
Explore default judgment precedents →Frequently Asked Questions
The court entered default judgment due to Pawico’s failure to appear and defend, finding copyright infringement of the “ChomChom Roller Ad” (Reg. No. PA 2-245-379) under 17 U.S.C. § 504(c).
The court awarded $30,000 in statutory damages, $12,498 in attorney’s fees, $740 in costs, post-judgment interest, and a permanent injunction against further infringement.
U.S. Patent No. US8117706B2 (Application No. US12/397331) covering a manual cleaning instrument was referenced, though the final judgment resolved copyright — not patent — claims.
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References
- PACER — Case No. 2:20-cv-01768 (Western District of Washington)
- U.S. Copyright Office Public Catalog — Registration No. PA 2-245-379
- USPTO Patent Full-Text Database — U.S. Patent No. US8117706B2
- Cornell Legal Information Institute — 17 U.S.C. § 504
- Cornell Legal Information Institute — 17 U.S.C. § 505
- PatSnap — IP Intelligence Solutions for Law Firms
This article is for informational purposes only and does not constitute legal advice. All case information is drawn from publicly available court records. For platform capabilities, visit PatSnap.