Apple Corps Limited et al v. The Individuals, Business Entities, and Unincorporated Associations
| Apple Corps Limited and Subafilms Limited |
| The Individuals, Business Entities, and Unincorporated Associations, alvashirt.com, bestteestore.net, casecov.com, casefamouse.com, caselone.com, nowbestshirt.com, rainateeshirt.com, 2020trendingtees.com, altracases.com, alvaclothing.com, teestoro.com, beddingwix.com, hottrendtees.com, shirtshoping.com, tshirtclassic.com, bezttee.com, ethericase.com, paulocrafo.com, caselinor.com, merchprintz.com, popgoodz.co, caseshunter.com, donutpaw.com, dreamstees.com, enjoyraces.com, flowermoonz.com, gochildhood.com, gooluv.com, grinsha.com, hulktee.com, iphonefyy.com, kitchendecor.shop, koppsic.top, kteestore.com, lilycustom.com, matecolor.store, maydistore.com, nhalahome.com, nemoclothing.com, nvoart.com, hobbiesboutique.com, shinoprint.co, teepigz.com, teepital.com, teeskafi.com, winterprinting.com, zibbot.com and chickteelye.com |
| 0:2022cv61659 |
| September 6, 2022 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Filing 36 Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Listed on Schedule "A" of DE#35 Motion for Clerk's Entry of Default,, Signed by DEPUTY CLERK on 11/4/2022. (cqs) |
| Filing 35 Plaintiff's MOTION for Clerk's Entry of Default as to 2020trendingtees.com, The Individuals, Business Entities, and Unincorporated Associations, altracases.com, alvashirt.com, beddingwix.com, bestteestore.net, bezttee.com, casecov.com, casefamouse.com, caselone.com, caseshunter.com, chickteelye.com, donutpaw.com, dreamstees.com, enjoyraces.com, flowermoonz.com, gochildhood.com, gooluv.com, grinsha.com, hulktee.com, iphonefyy.com, kitchendecor.shop, koppsic.top, kteestore.com, lilycustom.com, matecolor.store, maydistore.com, nhalahome.com, nowbestshirt.com, nvoart.com, rainateeshirt.com, shinoprint.co, teepigz.com, teepital.com, teeskafi.com, winterprinting.com, zibbot.com by Subafilms Limited, Apple Corps Limited. (Attachments: #1 Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk's Entry of Default, #2 Text of Proposed Order)(Gaffigan, Stephen) |
| Filing 34 CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re #29 Preliminary Injunction upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 33 CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re #29 Preliminary Injunction upon Defendant via Registrar (Gaffigan, Stephen) |
| Filing 32 NOTICE by Apple Corps Limited, Subafilms Limited re #29 Preliminary Injunction upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 31 SUMMONS (Affidavit) Returned Executed on #1 Complaint, #19 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Subafilms Limited, Apple Corps Limited. 2020trendingtees.com served on 9/26/2022, response/answer due 10/17/2022; altracases.com served on 9/26/2022, response/answer due 10/17/2022; alvashirt.com served on 9/26/2022, response/answer due 10/17/2022; beddingwix.com served on 9/26/2022, response/answer due 10/17/2022; bestteestore.net served on 9/26/2022, response/answer due 10/17/2022; bezttee.com served on 9/26/2022, response/answer due 10/17/2022; casecov.com served on 9/26/2022, response/answer due 10/17/2022; casefamouse.com served on 9/26/2022, response/answer due 10/17/2022; caselone.com served on 9/26/2022, response/answer due 10/17/2022; caseshunter.com served on 9/26/2022, response/answer due 10/17/2022; chickteelye.com served on 9/26/2022, response/answer due 10/17/2022; donutpaw.com served on 9/26/2022, response/answer due 10/17/2022; dreamstees.com served on 9/26/2022, response/answer due 10/17/2022; enjoyraces.com served on 9/26/2022, response/answer due 10/17/2022; flowermoonz.com served on 9/26/2022, response/answer due 10/17/2022; gochildhood.com served on 9/26/2022, response/answer due 10/17/2022; gooluv.com served on 9/26/2022, response/answer due 10/17/2022; grinsha.com served on 9/26/2022, response/answer due 10/17/2022; hulktee.com served on 9/26/2022, response/answer due 10/17/2022; iphonefyy.com served on 9/26/2022, response/answer due 10/17/2022; kitchendecor.shop served on 9/26/2022, response/answer due 10/17/2022; koppsic.top served on 9/26/2022, response/answer due 10/17/2022; kteestore.com served on 9/26/2022, response/answer due 10/17/2022; lilycustom.com served on 9/26/2022, response/answer due 10/17/2022; matecolor.store served on 9/26/2022, response/answer due 10/17/2022; maydistore.com served on 9/26/2022, response/answer due 10/17/2022; nhalahome.com served on 9/26/2022, response/answer due 10/17/2022; nowbestshirt.com served on 9/26/2022, response/answer due 10/17/2022; nvoart.com served on 9/26/2022, response/answer due 10/17/2022; rainateeshirt.com served on 9/26/2022, response/answer due 10/17/2022; shinoprint.co served on 9/26/2022, response/answer due 10/17/2022; teepigz.com served on 9/26/2022, response/answer due 10/17/2022; teepital.com served on 9/26/2022, response/answer due 10/17/2022; teeskafi.com served on 9/26/2022, response/answer due 10/17/2022; winterprinting.com served on 9/26/2022, response/answer due 10/17/2022; zibbot.com served on 9/26/2022, response/answer due 10/17/2022. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service)(Gaffigan, Stephen) |
Filing 30
ORDER ON DEFAULT PROCEDURE, ( Motions due by 11/3/2022.) Signed by Judge Raag Singhal on 10/27/2022. See attached document for full details. (cqs)
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Filing 29
ORDER GRANTING APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION Signed by Judge Raag Singhal on 9/28/2022. See attached document for full details. (cqs)
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| Filing 28 PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Motion Hearing held on 9/27/2022 re #10 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof filed by Subafilms Limited, Apple Corps Limited. Total time in court: 15 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (pls) |
| Filing 27 CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re 2 Clerk's Notice of Judge Assignment,, #16 Bond, #1 Complaint, 7 Notice of Court Practice/to Appear/Other,,,,,,,,, #15 Order on Ex Parte Motion, #5 Plaintiff's MOTION to Seal per Local Rule 5.4, #13 Certificate of Other Affiliates/Corporate Disclosure Statement, #17 Motion to Unseal Document, #11 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof, #3 Form AO 120/121, 8 Order,,, 9 Order on Motion to Seal, #14 Order on Ex Parte Motion, #12 Sealed Document, #4 Certificate of Other Affiliates/Corporate Disclosure Statement, #10 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 26 NOTICE of Striking #23 Certificate of Service,, filed by Subafilms Limited, Apple Corps Limited by Apple Corps Limited, Subafilms Limited (Gaffigan, Stephen) |
| Filing 25 Clerk's NOTICE of Compliance re 24 Order on Motion to Unseal Document. All documents unsealed. (pcs) |
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Filing 24
PAPERLESS ORDER granting #17 Motion to Unseal Document. Signed by Judge Raag Singhal on 9/26/2022. (pls)
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| Filing 23 (STRICKEN PER DE#26)CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re 2 Clerk's Notice of Judge Assignment,, #16 Bond, #20 Notice of Filing Proposed Summons(es), #1 Complaint, #19 Amended Complaint/Amended Notice of Removal, 7 Notice of Court Practice/to Appear/Other,,,,,,,,, #5 Plaintiff's MOTION to Seal per Local Rule 5.4, #13 Certificate of Other Affiliates/Corporate Disclosure Statement, #17 Motion to Unseal Document, #3 Form AO 120/121, 8 Order,,, 9 Order on Motion to Seal, #4 Certificate of Other Affiliates/Corporate Disclosure Statement upon Defendants via website posting (Gaffigan, Stephen) Text Modified on 9/27/2022 (cqs). |
| Filing 22 NOTICE by Apple Corps Limited, Subafilms Limited re #1 Complaint, #19 Amended Complaint/Amended Notice of Removal, #17 Motion to Unseal Document upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 21 Summons Issued as to 2020trendingtees.com, altracases.com, alvashirt.com, beddingwix.com, bestteestore.net, bezttee.com, casecov.com, casefamouse.com, caselone.com, caseshunter.com, chickteelye.com, donutpaw.com, dreamstees.com, enjoyraces.com, flowermoonz.com, gochildhood.com, gooluv.com, grinsha.com, hulktee.com, iphonefyy.com, kitchendecor.shop, koppsic.top, kteestore.com, lilycustom.com, matecolor.store, maydistore.com, nhalahome.com, nowbestshirt.com, nvoart.com, rainateeshirt.com, shinoprint.co, teepigz.com, teepital.com, teeskafi.com, winterprinting.com, zibbot.com. (cds) |
| Filing 20 NOTICE of Filing Proposed Summons(es) by Apple Corps Limited, Subafilms Limited (Attachments: #1 Proposed Summonses) (Wiborg-Rodriguez, T.) |
| Filing 19 AMENDED COMPLAINT against All Defendants, filed by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Exhibit 1 to Amended Complaint Certificates of Registration for the Beatles Trademarks, #2 Exhibit 2 to Amended Complaint Certificate of Registration for the Yellow Submarine Trademark)(Gaffigan, Stephen) |
| Filing 18 Clerk's Notice to Filer re #17 Miscellaneous Relief. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (cds) |
| Filing 17 Plaintiff's MOTION To Unseal by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Text of Proposed Order)(Wiborg-Rodriguez, T.) Modified Relief on 9/23/2022 (cds). |
| Filing 16 Surety Bond posted by Apple Corps Limited, Subafilms Limited Approved by Judge Raag Singhal (cqs) |
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Filing 15
ORDER AUTHORIZING ALTERNATE SERVICE OF PROCESS ON DEFENDANTS UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(f)(3). ORDER granting #11 Ex Parte Motion. Signed by Judge Raag Singhal on 9/14/2022. See attached document for full details. (amb) Modified to Unseal per Order DE 24 on 9/26/2022 (pcs).
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Filing 14
ORDER granting #10 Ex Parte Motion. Prelinjhrg Hearing set for 9/27/2022 04:30 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 9/14/2022. See attached document for full details. (amb) Modified to Unseal per Order DE 24 on 9/26/2022 (pcs).
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| Filing 13 Certificate of Other Affiliates by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.) |
| Filing 12 NOTICE of Sealed Filing Schedule A by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Schedule A to the Complaint) (Wiborg-Rodriguez, T.) Modified text on 9/13/2022 (kpe). Modified to Unseal per Order DE 24 on 9/26/2022 (pcs). |
| Filing 11 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #2 Exhibit 1 to the Declaration of T. Raquel Wiborg-Rodriguez, #3 Text of Proposed Order) (Wiborg-Rodriguez, T.) Modified to Unseal per Order DE 24 on 9/26/2022 (pcs). |
| Filing 10 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Declaration of Paul Cole in Support Thereof, #2 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #3 Declaration of Kathleen Burns in Support Thereof, #4 Exhibit 1 to the Declaration of Kathleen Burns - Part 1, #5 Exhibit 1 to the Declaration of Kathleen Burns - Part 2, #6 Exhibit 1 to the Declaration of Kathleen Burns - Part 3, #7 Text of Proposed Order) (Wiborg-Rodriguez, T.) Modified to Unseal per Order DE 24 on 9/26/2022 (pcs). |
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Filing 9
PAPERLESS ORDER granting #5 Motion to Seal. Schedule "A" to the Plaintiffs' Complaint shall be filed under seal and shall remain under seal until further Court order. Signed by Judge Raag Singhal on 9/12/2022. (pls)
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Filing 8
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 9/12/2022. (pls)
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| Filing 7 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 9/12/2022. (pls) |
| Filing 6 Clerk's Notice to Filer re #4 Certificate of Other Affiliates/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties from the Notice Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties. Re: Apple Corps Limited. Apple Corps Limited owns 10% or more of the stock of Plaintiff, Subafilms Limited. (cqs) |
| Filing 5 Plaintiff's MOTION to Seal per Local Rule 5.4 by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Text of Proposed Order) (Wiborg-Rodriguez, T.) |
| Filing 4 Plaintiff's Corporate Disclosure Statement by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint and Exhibits) (jas) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15926848, filed by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint Certificates of Registration for the Beatles Trademarks, #3 Exhibit 2 to Complaint Certificate of Registration for the Yellow Submarine Trademark)(Gaffigan, Stephen) |
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