Case 1:17-cv-00726-LMB-JFA Document 39-1 Filed 11/03/17 Page 1 of 3 PageID# 1163

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
AMERICAN CHEMICAL SOCIETY,
Plaintiff,
V.

JOHN DOES 1-99, et al.,
Defendants.

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I: l 7-cv-726 (LMB/JFA)

ORDER
Before the Court is a Report and Recommendation ("Report") issued by a magistrate
judge on September 28, 2017 [Dkt. No. 22], which recommended that default judgment be
entered against defendant Sci-Hub ("Sci-Hub" or "defendant") on Counts 1 and 3 and that
Counts 2, 4, and 5 against Sci-Hub and all counts against defendants John Does 1-99 be
dismissed without prejudice, as plaintiff has requested. See Report at 14-15. The parties were
advised that any objections to the Report had to be filed within 14 days and that failure to file a
timely objection waived the right to appeal the substance of the Report and any judgment based
on the Report. Id. at 15. As of November 2, 2017, no party has filed an objection. The Court has
reviewed the Report, plaintiffs motion for default judgment, and the case file and adopts the
Report in full, except that the Court will modify the recommended injunction for the reasons
stated in open court on November 3, 2017. The injunction will be entered in a separate Order.
The magistrate judge correctly determined that the Court has subject matter jurisdiction
over this action under 28 U.S.C. §§ 1331 and 1338(a) because it involves federal questions
arising under the Copyright Act and the Lanham Act. Report at 5. The magistrate judge also
correctly concluded that this Court has personal jurisdiction over Sci-Hub because Sci-Hub

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"gained unauthorized access to ACS's website maintained in this District and distributed ACS's
intellectual property" through websites "operated on a domain name maintained in this District."
Id. Moreover, the magistrate judge correctly concluded that venue is appropriate in this district
under 28 U.S.C. § 1391 because a substantial portion of the activity described in the Complaint
has taken place in this district. Id. Finally, the magistrate judge has correctly concluded that
plaintiff properly served Sci-Hub by publishing a notice of the action, emailing notice to various
accounts associated with Sci-Hub, and filing an affidavit for service of process on the Secretary
of the Commonwealth of Virginia. Id. at 6. Moreover, Sci-Hub has apparently tweeted about this
civil action, indicating that it has received actual notice of the litigation. Id.
The Court finds that the magistrate judge correctly determined that plaintiff has pleaded
the requirements for obtaining relief under the Copyright Act and the Lanham Act. Specifically,
plaintiff has adequately pleaded that it owns the copyrights in a variety of scientific publications,
that Sci-Hub has copied elements-and, in many cases, the entirety of--those works, and that
Sci-Hub has distributed those works by allowing individuals to download the works from its
website, all in violation of the Copyright Act. Report at 7-8. Moreover, the magistrate judge
rightly found plaintiff has adequately pleaded that it has registered the titles of its publications as
trademarks with the U.S. Patent and Trademark Office, that defendant has willfully produced
counterfeit versions of plaintiffs marks, that defendant's use of these marks occurred in
connection with the distribution of goods, and that defendant's use of the marks is likely to
confuse consumers, all in violation of the Lanham Act. Id. at 8-10. Accordingly, the magistrate
judge correctly determined that plaintiff is entitled to relief under the Copyright Act and the
Lanham Act. In addition, the magistrate judge correctly found that plaintiff is entitled to both
statutory damages and injunctive relief, but, for the reasons stated in open court on November 3,

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2017, the Court will issue an injunction that slightly modifies the language recommended by the
magistrate judge. Id. at 10-14.
Accordingly, the Report is ADOPTED and plaintiffs Motion for Default Judgment [Dkt.
No. 16] is GRANTED, and it is hereby
ORDERED that default judgment be and is entered against defendant Sci-Hub on Counts
1 and 3 in the total amount of $4,800,000.00 (consisting of the $150,000 statutory limit per
violation for each of the 32 representative registered works at issue); and it is further
ORDERED that Counts 2, 4, and 5 be and are DISMISSED WITHOUT PREJUDICE as
to defendant Sci-Hub, and that all counts be and are DISMISSED WITHOUT PREJUDICE as to
defendants John Does 1-99.
The Clerk is directed to enter judgment in this matter pursuant to Fed. R. Civ. P. 55 and
forward copies of this Order to counsel ofrecord and defendant Sci-Hub.
Entered this .

Sd day of November, 2017.

Alexandria, Virginia

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Leonie M. Brinkema
United States District Judge

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