Apple Corps Limited et al v. THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE " A "
| Apple Corps Limited and Subafilms Limited |
| The Individuals, Business Entities, and Unincorporated Associations, 86hustle.com, bluecatstore.com, homefavo.com, unicornshirts.net, THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE " A ", dilacunagift.store, azhobbyshop.com, beeteeshop.com, q-finder.com, colorhaki.com, giftcartoon.com, glanra.com, hersmiles.co, meteew.com, jerrystore.net, jollyfamilygifts.com, lakingstore.com, quankangyahui.com, shopg.off-53.ml, teedrab.com, teelove4u.com, customellc.com, betwiched.com, housegadgetsnow.com and shirtcent.net |
| 0:2022cv62342 |
| December 14, 2022 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Filing 35 DEFAULT FINAL JUDGMENT AND PERMANENT INJUNCTION : DEFAULT JUDGMENT in favor of Apple Corps Limited, Subafilms Limited against THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE " A ", PERMANENT INJUNCTION. Statutory damages in favor of Plaintiffs pursuant to 15 U.S.C. section 1117(c) are determined to be $1,000,000.00 against each Defendant, for which let execution issue, based upon the Courts finding that each Defendant infringed at least one trademark on one type of good. The Court considered both the willfulness of each Defendants conduct and the deterrent value of the award imposed, and the award falls within the permissible statutory range under 15 U.S.C. section 1117(c). The Clerk is directed to RELEASE the bond posted by Plaintiffs in the amount of $10,000.00. Signed by Judge Rodolfo A. Ruiz, II on 2/8/2023. See attached document for full details. (nan) Modified text on 2/9/2023 (nan). |
Filing 34
ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL DEFAULT JUDGMENT: ORDER granting #33 Motion for Default Judgment. Signed by Judge Rodolfo A. Ruiz, II on 2/8/2023. See attached document for full details. (nan)
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| Filing 33 Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Declaration of Paul Cole in Support Thereof, #2 Exhibit 1 to the Declaration of Paul Cole, #3 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #4 Text of Proposed Order Granting Motion for Final Default Judgment, #5 Text of Proposed Order Final Default Judgment and Permanent Injunction)(Wiborg-Rodriguez, T.) |
| Filing 32 Clerk's Entry of Default as to 86hustle.com, THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE " A ", azhobbyshop.com, beeteeshop.com, betwiched.com, bluecatstore.com, colorhaki.com, giftcartoon.com, glanra.com, hersmiles.co, homefavo.com, housegadgetsnow.com, jerrystore.net, jollyfamilygifts.com, lakingstore.com, quankangyahui.com, shirtcent.net, shopg.off-53.ml, teedrab.com, teelove4u.com, unicornshirts.net per Order Directing Clerk to Enter Default Re: #31 Administrative Order. Signed by DEPUTY CLERK on 1/31/2023. (ebz) |
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Filing 31
Order Directing Clerk to Enter Default and Requiring Motion for Default Final Judgment. Signed by Judge Rodolfo A. Ruiz, II on 1/31/2023. See attached document for full details. (zse)
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| Filing 30 STATUS REPORT by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.) |
| Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint, #15 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. 86hustle.com served on 1/9/2023, response/answer due 1/30/2023; azhobbyshop.com served on 1/9/2023, response/answer due 1/30/2023; beeteeshop.com served on 1/9/2023, response/answer due 1/30/2023; betwiched.com served on 1/9/2023, response/answer due 1/30/2023; bluecatstore.com served on 1/9/2023, response/answer due 1/30/2023; colorhaki.com served on 1/9/2023, response/answer due 1/30/2023; giftcartoon.com served on 1/9/2023, response/answer due 1/30/2023; glanra.com served on 1/9/2023, response/answer due 1/30/2023; hersmiles.co served on 1/9/2023, response/answer due 1/30/2023; homefavo.com served on 1/9/2023, response/answer due 1/30/2023; housegadgetsnow.com served on 1/9/2023, response/answer due 1/30/2023; jerrystore.net served on 1/9/2023, response/answer due 1/30/2023; jollyfamilygifts.com served on 1/9/2023, response/answer due 1/30/2023; lakingstore.com served on 1/9/2023, response/answer due 1/30/2023; quankangyahui.com served on 1/9/2023, response/answer due 1/30/2023; shirtcent.net served on 1/9/2023, response/answer due 1/30/2023; shopg.off-53.ml served on 1/9/2023, response/answer due 1/30/2023; teedrab.com served on 1/9/2023, response/answer due 1/30/2023; teelove4u.com served on 1/9/2023, response/answer due 1/30/2023; unicornshirts.net served on 1/9/2023, response/answer due 1/30/2023. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service)(Gaffigan, Stephen) |
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Filing 28
PAPERLESS ORDER requiring filing. Sua sponte review of Plaintiffs' Certificates of Service [ECF Nos. 21, 23-1] reflects that Defendants were served with the Amended Complaint on January 4, 2023. However, the docket does not reflect if Defendants have been served with the Summons. Therefore, by the end of today, January 30, 2023, Plaintiffs shall either file proof of service, along with a motion for clerk's entry of default if appropriate, or a status report advising the Court on the progress of service. Signed by Judge Rodolfo A. Ruiz, II on 1/30/2023. (zse)
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Filing 27
ORDER GRANTING MOTION FOR ENTRY OF PRELIMINARY INJUNCTION Signed by Judge Rodolfo A. Ruiz, II on 1/9/2023. See attached document for full details. (nan)
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| Filing 26 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Preliminary Injunction Hearing held on 1/6/2023. Attorney Appearance(s): Virgilio Gigante, Court Reporter: Ilona Lupowitz, 954-769-5568 / [email protected]. (gp) |
| Filing 25 NOTICE by Apple Corps Limited, Subafilms Limited of E-mail Inquiries Received from Certain Defendants in Connection with Asset Restraint and Service (Attachments: #1 Exhibit 1 to the Notice of E-Mail Inquiries) (Wiborg-Rodriguez, T.) |
| Filing 24 NOTICE by Apple Corps Limited, Subafilms Limited of E-mail Inquiry Received from a Certain Defendant in Connection with Asset Restraint and Service (Attachments: #1 Exhibit 1 to the Notice of E-Mail Inquiry) (Wiborg-Rodriguez, T.) |
| Filing 23 NOTICE OF FILING by Apple Corps Limited, Subafilms Limited re #10 Order on Ex Parte Motion, #15 Amended Complaint/Amended Notice of Removal, #1 Complaint, upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) Modified text on 1/5/2023 (ebz). |
| Filing 22 NOTICE of Striking #20 Certificate of Service, filed by Subafilms Limited, Apple Corps Limited, #19 Notice (Other), filed by Subafilms Limited, Apple Corps Limited by Apple Corps Limited, Subafilms Limited (Gaffigan, Stephen) |
| Filing 21 CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re #10 Order on Ex Parte Motion, #13 Motion to Unseal Document, #14 Bond, #7 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, #4 Certificate of Other Affiliates/Corporate Disclosure Statement, #15 Amended Complaint/Amended Notice of Removal, #5 Plaintiff's MOTION to Seal per Local Rule 5.4, #3 Form AO 120/121, #9 Sealed Document, #8 Order on Motion to Seal, #6 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, #1 Complaint, #11 Order on Ex Parte Motion, 2 Clerk's Notice of Judge Assignment, #12 Sealed Document upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 20 STRICKEN. CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re #10 Order on Ex Parte Motion, #15 Amended Complaint/Amended Notice of Removal, #6 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, #1 Complaint, upon Defendant via Registrar (Gaffigan, Stephen) Modified per DE #22 Notice of Striking on 1/5/2023 (ebz). |
| Filing 19 STRICKEN. NOTICE by Apple Corps Limited, Subafilms Limited re #10 Order on Ex Parte Motion, #15 Amended Complaint/Amended Notice of Removal, #1 Complaint, upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) Modified per DE #22 Notice of Striking on 1/5/2023 (ebz). Modified text on 1/5/2023 (ebz). |
| Filing 16 Summons issued as to The Individuals, Business Entities And Unincorporated Associations Identified On Schedule A. (kpe) Modified to Unseal per DE #17 on 1/5/2023 (amb). |
| Filing 18 NOTICE of Compliance re #17 Order on Motion to Unseal Document. (All Docket entries unsealed) (amb) |
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Filing 17
ORDER granting #13 Motion to Unseal Document. Signed by Judge Rodolfo A. Ruiz, II on 1/4/2023. See attached document for full details. (amb)
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| Filing 15 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF 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 13 Plaintiff's MOTION To Unseal by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Text of Proposed Order)(Wiborg-Rodriguez, T.) |
| Filing 14 Seizure BOND in the amount of $10,000.00 posted by Apple Corps Limited Approved by Judge Rodolfo A. Ruiz, II (ebz) |
| Filing 12 NOTICE of Filing Proposed Summonses by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Proposed Summonses) (Wiborg-Rodriguez, T.) Modified text on 1/5/2023 (kpe). Modified to Unseal per DE #17 on 1/5/2023 (amb). |
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Filing 11
ORDER GRANTING PLAINTIFFS' EX PARTE MOTION FOR ORDER AUTHORIZING ALTERNATIVE SERVICE OF PROCESS ON DEFENDANTS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(f)(3). ORDER granting #7 Ex Parte Motion. Signed by Judge Rodolfo A. Ruiz, II on 12/19/2022. See attached document for full details. (amb) Modified to Unseal per DE #17 on 1/5/2023 (amb).
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Filing 10
ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION. ORDER granting #6 Ex Parte Motion. Prelinjhrg Telephonic Hearing set for 1/6/2023 11:45 AM before Judge Rodolfo A. Ruiz II. Signed by Judge Rodolfo A. Ruiz, II on 12/19/2022. See attached document for full details. (amb) Modified to Unseal per DE #17 on 1/5/2023 (amb).
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| Filing 9 Sealed Document Notice of Filing by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Schedule A to the Complaint) (Wiborg-Rodriguez, T.) Modified to Unseal per DE #17 on 1/5/2023 (amb). . |
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Filing 8
ORDER granting #5 Motion to Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/15/2022. See attached document for full details. (amb)
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| Filing 7 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 DE #17 on 1/5/2023 (amb). . |
| Filing 6 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 1 to the Declaration of Kathleen Burns - Part 3, #7 Text of Proposed Order) (Wiborg-Rodriguez, T.) Modified to Unseal per DE #17 on 1/5/2023 (amb). . |
| 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 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) (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (rbe) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16172715, 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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