On Tuesday in the Western District of Washington, United States District Judge Thomas S. Zilly issued an order granting Nintendo’s motion for default judgment and a permanent injunction against ANXICHIP.COM et al in a suit that alleged the defendants sold circumventing devices to hack Nintendo Switch and sold infringing versions of Nintendo’s video games.
Plaintiff Nintendo claimed the defendants, including Does 1-20, were doing business as eight websites, which were used “to sell devices that unlawfully hack the Nintendo Switch in violation of the Anti-Trafficking provisions of the Digital Millennium Copyright Act.” Furthermore, according to Nintendo, “[s]ome of the Defendants also sell pirated versions of Plaintiff’s copyrighted games on their Websites, in violation of Plaintiff’s exclusive rights under the Copyright Act.” Nintendo claimed that the defendants’ “Circumvention Devices…deliberately obscure their identities by using privacy tools to mask their domain registration,” therefore, Nintendo “has been unable to ascertain the true identities of any of the Defendants.” As a result, Nintendo had to serve the defendants via e-mail, which the court granted. Judge Zilly noted that while the defendants “appear to be aware of the suit – by, for example, moving their website from one URL to another in order to evade detection, and by sending communications to their customers explicitly referencing this lawsuit,” the defendants “have failed to appear, or respond.” On August 11, 2020, after more than 21 days passed, Nintendo moved for an entry of default against all of the defendants, which the court clerk entered. Nintendo then moved for a motion of default judgment, a permanent injunction and to amend the order of default to include “Defendant Does 1-20 d/b/a” the Websites.
The court declared that pursuant to the Copyright Act, it grants Nintendo’s motion to amend the order of default and its grants Nintendo’s motion for default judgment and entry of a permanent injunction. As a result, the defendants are enjoined from “[o]ffering to the public, selling, providing, or otherwise trafficking in any circumvented devices,” such as the SX Pro, SX Core, SX Lite and related software; directly, indirectly, inducing or otherwise infringing on Nintendo’s protected copyrights; “[e]ffecting assignments or transfers, including of the Websites, forming new entities or associations, or using any other device for the purpose of circumvention”; engaging in unfair competition with Nintendo; and from “supporting or facilitating access to any or all domain names, URLs, websites,” as well as any other related website, marketplace, or communication which is used to circumvent and infringe. The defendants must also cease using and immediately transfer their Website domain names and “any variant or successor [of their Websites] thereof controlled by Defendants” to Nintendo. The defendants are ordered to destroy all circumvention devices and related materials. Lastly, the defendants must provide a written report under oath detailing how they have complied with this order.
Nintendo is represented by Gordon Tilden Thomas & Cordell LLP and Jenner & Block LLP.
