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BRODERBUND SOFTWARE, INC. v. MEGATRONICS

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK


June 21, 1994

BRODERBUND SOFTWARE, INC. and COMPUTER ASSOCIATES INTERNATIONAL, INC., Plaintiffs,
v.
MEGATRONICS, INC. and GEORGE BORCELO, Defendants. CENTRAL POINT SOFTWARE, INC., et al., Plaintiffs, v. GLOBAL SOFTWARE & ASSESSORIES, INC., Defendant. BRODERBUND SOFTWARE, INC. and CENTRAL POINT SOFTWARE, INC., Plaintiffs, v. SOFTWARE REVIEW, INC., Defendant.

WEXLER

The opinion of the court was delivered by: LEONARD D. WEXLER

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. ยง 504(c), 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.

 LEONARD D. WEXLER

 UNITED STATES DISTRICT JUDGE

 Dated: Hauppauge, New York

 June 21, 1994

19940621

© 1992-2004 VersusLaw Inc.



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