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Textbook Publishers Throw Down For Payback From Counterfeiters on Amazon and Ebay

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Dec 4 – Textbook publishers led by Pearson Education, Inc. have sued and moved for default judgment against those they claim sell counterfeits of their textbooks on Amazon, Ebay and other platforms. 

 On November 20, U.S. District Court for the Southern District of New York Judge Ronnie Abrams held a proceeding. Inner City Press covered it - and identified itself when asked.  

 Two of the defendants appeared, albeit without lawyers. They were each given thirty days to respond. One of them stayed on the line to give his email address and get the contact information for NYLAG. 

 Judge Abrams to her credit questioning the high monetary awards the textbook publishers were asking for against these pro se defendants.  

 The publishers responded with the example of two apparently related defendants -- Madhu Gupta and Sourabh Gupta -- one of whom had signed a $400,000 consent decree and then just kept on selling counterfeit textbooks.

There was talk of the the need for deterrence, of counterfeiting rings in Jordan and publishers in China. 

  Ultimately the publishers, who cut in just as Judge Abrams was assessing each defendant or violation $50,000 ($30,000 for copyright and $20,000 for trademark), said they will submit more detailed information about each defendant by "tomorrow" (Saturday) or by next week, or after Thanksgiving.  They want asset freezes.

 Among those suing are also Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc. and McGraw-Hill Global Education Holdings, LLC.   

 Nazir Yakub Belim is already known to the court; Michael Charles McKee apologized for failing to respond, not opening his father's email to see the notices from Amazon and Ebay.

Now on December 4, the plaintiffs' lawyer has filed a letter specifying the damages sought, including $30,000 per copyright infringed and $200,000 per trademark infringed against Mayloud Ascarate, Bronislav Teplitskiy, Leonard Johnson and others (Guptas, "maximum statutory damages").

The case is Pearson Education, Inc. et al v. Doe 1 et al., 19-cv-7642 (Abrams)

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