IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

SLEP-TONE ENTERTAINMENT

CORP.,

Plaintiff,

v. CASE NO. 5:11-cv-32-RS-CJK

FAYE JOHNSON, et al.,

Defendants.

_________________________________________/

ORDER

Pursuant to the Opinion of the United States Court of Appeals for the 

Eleventh Circuit (Doc. 228), this action has been remanded for the purpose of 

determining the propriety of granting a permanent injunction. (Doc. 228, p. 10). 

The facts of this case are found in the Judgment dated July 17, 2012 (Doc. 201),

and the Eleventh Circuit’s Opinion. Slep-Tone Entm't Corp. v. Johnson, 12-14304, 

2013 WL 1943426, at *1-4 (11th Cir. May 10, 2013).

In determining whether to grant injunctive relief, I must consider whether: 

(1) the plaintiff has suffered an irreparable injury; (2) legal remedies are 

inadequate to redress the injury; (3) equitable relief is warranted based on the 

hardships between the plaintiff and defendant; and (4) granting injunctive relief 

serves the public interest. Id. at *9 (citing Angel Flight of Ga., Inc. v. Angel Flight 

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Am., Inc., 522 F.3d 1200, 1208 (11th Cir. 2008). A plaintiff must demonstrate all 

four of these criteria in order to warrant injunctive relief. eBay, Inc. v. 

MercExchange, L.L.C., 547 U.S. 388, 391 (2006). Plaintiff is not presumed 

entitled injunctive relief; rather my decision to grant or withhold injunctive relief is 

an act of equitable discretion. Id. North American Medical Corp. v. Axiom 

Worldwide, Inc., 522 F.3d 1211, 1227-28 (11th Cir. 2008).

I first address whether legal remedies are adequate to redress the injury. In 

the first judgment Plaintiff was awarded damages equal to the amount of revenue 

Plaintiff would have earned for the discs in question. (Doc. 201, p. 14). That was 

ample redress. Slep-Tone Entm't Corp. v. Johnson 12-14304, 2013 WL 1943426, 

at *8 (11th Cir. May 10, 2013). Ordinary legal remedies are adequate to redress 

Plaintiff’s grievances.

Plaintiff must establish irreparable injury is likely as opposed to possible in 

the absence of an injunction. Winter v. Natural Resources Defense Council, Inc., 

555 U.S. 7, 8 (2008) (emphasis added). The first time Defendant violated 

Plaintiff’s trademarks, Plaintiff received ample redress. Slep-Tone Entm't Corp. v. 

Johnson 12-14304, 2013 WL 1943426, at *8. Should Defendant recommence 

infringements, Plaintiff’s injuries remain reparable. 

The complaint alleges Plaintiff’s harm stems from karaoke jockeys illegally 

file-sharing trademarked songs among each other. (Doc. 1, pp. 3-4). Plaintiff does 

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tolerate media shifting (file-sharing between two media, such as between a 

compact disc and a hard drive in this case) where disc owners follow precautions 

to safeguard trademarked material from third parties. Id. at 17. The facts indicate 

Defendants’ infringement was limited to use at Defendants’ establishments. (Doc. 

201, pp. 4-5). Although it is possible Defendants may expand earlier media 

shifting activities to involve third parties, now that they are on notice of Plaintiff’s 

scrutiny such expansion is unlikely. Id. at 14. Because Plaintiff has failed to 

establish the likelihood of this injury, I need not determine whether illegal filesharing between multiple parties is irreparable.

Because ordinary legal remedies are sufficient to redress Plaintiff’s 

grievances and an injunction would not prevent irreparable harm, I decline to 

address whether hardships between the parties warrant an injunction or whether an 

injunction would serve the public interest. Plaintiff’s request for a permanent 

injunction is DENIED. The clerk is ordered to close the case upon Magistrate 

Judge Kahn’s decision concerning Plaintiff’s motion to award attorney’s fees.

DENIED on August 7, 2013.

/s/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE

Case 5:11-cv-00032-RS-CJK Document 231 Filed 08/07/13 Page 3 of 3