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, clothfast.com, teeroti.com, teesover.com, 9giftstore.com, 1960ss.com, ahmyshirt.com, crafterbay.com, graphicteestores.com, pepperstreets.com, illustratees.com, fandomgift.com, fitfuelgear.com, funnyuglychristmassweater.com, idolsgift.com, ijustshirt.com, invinitees.com, jonvidesign.com, keeptee.com, kitchendecor.shop, loafershirt.com, lucytees.com, mechsunshine.com, modelshirt.com, momiratee.com, noveltytshirtz.com, picturestees.com, recruit.usshopes.com, reverholic.com, rockaholic.store, rockaloha.com, sayingsplus.com, teeclover.com, teedelight.us, torantee.com and teesworks.com |
| 1:2025cv20744 |
| February 18, 2025 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on April 16, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 46 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 Default Final Judgment, #5 Text of Proposed Order Default Final Judgment and Permanent Injunction)(Wiborg-Rodriguez, T.) |
| Filing 45 Plaintiff's MOTION to Approve Consent Judgment ( Responses due by 4/30/2025.), MOTION for Permanent Injunction as to Defendant Number 9 by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Exhibit 1 - Consent Judgment and Permanent Injunction as to Defendant Number 9, #2 Exhibit 2 - Statement of Consent as to Defendant Number 9)(Wiborg-Rodriguez, T.) |
| Filing 44 Plaintiff's NOTICE of Identification of Additional Financial Accounts Used by Certain Defendants by Apple Corps Limited, Subafilms Limited (Attachments: #1 Declaration of Kathleen Burns in Support Thereof, #2 Exhibit 1 to the Declaration of Kathleen Burns) (Wiborg-Rodriguez, T.) |
| Set Response Deadline: Plaintiff shall file a response on or before May 7, 2025. Responses due by 5/7/2025. Per DE# 43 . (nan) |
Filing 43
PAPERLESS ORDER granting Plaintiff's Motion for Extension of Time to File a Motion for Default Final Judgment as to Defendant Number 23, ECF No. #42 . Plaintiff shall file a response on or before May 7, 2025. Signed by Judge Jacqueline Becerra on 4/14/2025. (cfz)
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| Filing 42 Plaintiff's MOTION for Extension of Time to File Motion for Default Final Judgment as to Defendant Number 23 re 4 Order,,,,,,,,,,,,,,,,,,, by Apple Corps Limited, Subafilms Limited. Responses due by 4/24/2025. (Attachments: #1 Text of Proposed Order)(Wiborg-Rodriguez, T.) |
| Filing 41 CORRECTED Clerk's Entry of Default as to The Individuals, Business Entities and Unincorporated Associations Identified on Schedule "A". Signed by DEPUTY CLERK on 4/9/2025. (caw) |
| Filing 40 Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A - Motions Terminated: #39 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 4/9/2025. (caw) |
| Filing 39 Plaintiff's MOTION for Clerk's Entry of Default as to 1960ss.com, 9giftstore.com, The Individuals, Business Entities, and Unincorporated Associations, ahmyshirt.com, clothfast.com, fandomgift.com, fitfuelgear.com, funnyuglychristmassweater.com, idolsgift.com, ijustshirt.com, invinitees.com, jonvidesign.com, keeptee.com, kitchendecor.shop, loafershirt.com, lucytees.com, mechsunshine.com, modelshirt.com, momiratee.com, noveltytshirtz.com, picturestees.com, recruit.usshopes.com, reverholic.com, rockaholic.store, rockaloha.com, sayingsplus.com, teeclover.com, teedelight.us, teeroti.com, teesover.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 38 CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re #35 Order on Motion for Preliminary Injunction upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 37 Plaintiff's NOTICE upon Defendants via Electronic Mail by Apple Corps Limited, Subafilms Limited re #35 Order on Motion for Preliminary Injunction (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 36 SUMMONS (Affidavit) Returned Executed on #34 Amended Complaint/Amended Notice of Removal, #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Subafilms Limited, Apple Corps Limited. 1960ss.com served on 3/11/2025, response/answer due 4/1/2025; 9giftstore.com served on 3/11/2025, response/answer due 4/1/2025; ahmyshirt.com served on 3/11/2025, response/answer due 4/1/2025; clothfast.com served on 3/11/2025, response/answer due 4/1/2025; fandomgift.com served on 3/11/2025, response/answer due 4/1/2025; fitfuelgear.com served on 3/11/2025, response/answer due 4/1/2025; funnyuglychristmassweater.com served on 3/11/2025, response/answer due 4/1/2025; idolsgift.com served on 3/14/2025, response/answer due 4/4/2025; ijustshirt.com served on 3/11/2025, response/answer due 4/1/2025; invinitees.com served on 3/11/2025, response/answer due 4/1/2025; jonvidesign.com served on 3/11/2025, response/answer due 4/1/2025; keeptee.com served on 3/11/2025, response/answer due 4/1/2025; kitchendecor.shop served on 3/11/2025, response/answer due 4/1/2025; loafershirt.com served on 3/14/2025, response/answer due 4/4/2025; lucytees.com served on 3/11/2025, response/answer due 4/1/2025; mechsunshine.com served on 3/14/2025, response/answer due 4/4/2025; modelshirt.com served on 3/11/2025, response/answer due 4/1/2025; momiratee.com served on 3/11/2025, response/answer due 4/1/2025; noveltytshirtz.com served on 3/11/2025, response/answer due 4/1/2025; picturestees.com served on 3/11/2025, response/answer due 4/1/2025; recruit.usshopes.com served on 3/11/2025, response/answer due 4/1/2025; reverholic.com served on 3/11/2025, response/answer due 4/1/2025; rockaholic.store served on 3/11/2025, response/answer due 4/1/2025; rockaloha.com served on 3/11/2025, response/answer due 4/1/2025; sayingsplus.com served on 3/11/2025, response/answer due 4/1/2025; teeclover.com served on 3/11/2025, response/answer due 4/1/2025; teedelight.us served on 3/11/2025, response/answer due 4/1/2025; teeroti.com served on 3/11/2025, response/answer due 4/1/2025; teesover.com served on 3/11/2025, response/answer due 4/1/2025. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service, #3 Affidavit of Service)(Gaffigan, Stephen) |
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Filing 35
ORDER GRANTING #9 PLAINTIFF'S APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION AND PRELIMINARY INJUNCTION. Signed by Judge Jacqueline Becerra on 3/11/2025. See attached document for full details. (caw)
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| Filing 34 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Apple Corps Limited, Subafilms Limited. (Attachments: #1 1 to Amended Complaint Certificates of Registration for the Beatles Trademarks, #2 2 to Amended Complaint Certificate of Registration for the Yellow Submarine Trademark)(Gaffigan, Stephen) |
| Filing 33 PAPERLESS Minute Entry for proceedings held before Judge Jacqueline Becerra: Preliminary Injunction Hearing held on 3/7/2025 re #9 Plaintiff's EX PARTE MOTION Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Subafilms Limited, Apple Corps Limited. Order to follow. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (dgj) |
| Filing 32 CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re #11 Sealed Document, #15 Sealed Order on Motion,, Set/Reset Sealed Deadlines/Hearings,, Order on Ex Parte Motion,, Order on Motion for Temporary Restraining Order, #10 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, #14 Notice of Pending, Refiled, Related or Similar Actions, #9 Plaintiff's EX PARTE MOTION Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 4 Order,,,,,,,,,,,,,,,,,,, 8 Order on Motion to Seal, #12 Sealed Document, #6 Certificate of Other Affiliates/Corporate Disclosure Statement, #3 Form AO 120/121, #21 Notice (Other), #19 Plaintiff's MOTION to Unseal Document Docket Entries 9-13 and 15-16, #22 Notice (Other), 2 Clerks Notice of Judge Assignment,, #17 Notice (Other), #1 Complaint, #7 Plaintiff's MOTION to Seal per Local Rule 5.4, 5 Order, #18 Notice of Compliance upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 31 Plaintiff's NOTICE upon Defendants via Electronic Mail by Apple Corps Limited, Subafilms Limited re #15 Sealed Order on Motion,, Set/Reset Sealed Deadlines/Hearings,, Order on Ex Parte Motion,, Order on Motion for Temporary Restraining Order, #9 Plaintiff's EX PARTE MOTION Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 4 Order,,,,,,,,,,,,,,,,,,, #19 Plaintiff's MOTION to Unseal Document Docket Entries 9-13 and 15-16, #1 Complaint, (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 30 Plaintiff's NOTICE of E-mail Correspondence Received from Certain Defendants in Connection with Notice by Apple Corps Limited, Subafilms Limited (Attachments: #1 Exhibit 1 to the Notice of E-mail Inquiry) (Gaffigan, Stephen) |
| Filing 29 Plaintiff's NOTICE of Filing Redacted Version of Financial Record and Documentation by Apple Corps Limited, Subafilms Limited (Attachments: #1 Redacted Version of Financial Record and Documentation) (Wiborg-Rodriguez, T.) |
| Filing 27 Plaintiff's NOTICE of Identification of Additional Financial Account Used by Defendant Number 23 by Apple Corps Limited, Subafilms Limited (Attachments: #1 Declaration of Kathleen Burns in Support Thereof, #2 Exhibit 1 to the Declaration of Kathleen Burns) (Wiborg-Rodriguez, T.) |
| SYSTEM ENTRY - Docket Entry 28 [misc] restricted/sealed until further notice. (1336528) |
| Filing 26 NOTICE of Compliance re 23 Order on Motion to Unseal Document. ECF Nos. #9 - #13 and #15 - 16 have been unsealed per DE#23. (scn) |
| Filing 25 Plaintiff's NOTICE of Filing Redacted Versions of Financial Records and Documentation by Apple Corps Limited, Subafilms Limited (Attachments: #1 Redacted Versions of Financial Records and Documentation) (Wiborg-Rodriguez, T.) |
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Filing 23
PAPERLESS ORDER granting #19 Motion to Unseal Document. The Clerk is directed to UNSEAL ECF Nos. #9 - #13 and #15 - 16 in this action and return those portions of the docket to the public records. Signed by Judge Jacqueline Becerra on 3/3/2025. (ymr)
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| SYSTEM ENTRY - Docket Entry 24 [misc] restricted/sealed until further notice. (1336528) |
| Filing 22 Plaintiff's NOTICE of Partial Inability to Comply by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.) |
| Filing 21 Plaintiff's NOTICE Redacted Versions of Financial Records and Documentation by Apple Corps Limited, Subafilms Limited (Attachments: #1 Redacted Versions of Financial Records and Documentation) (Wiborg-Rodriguez, T.) |
| Filing 19 Plaintiff's MOTION to Unseal Document Docket Entries 9-13 and 15-16 by Apple Corps Limited, Subafilms Limited. Responses due by 3/14/2025. (Attachments: #1 Text of Proposed Order)(Wiborg-Rodriguez, T.) |
| SYSTEM ENTRY - Docket Entry 20 [misc] restricted/sealed until further notice. (1336528) |
| Filing 18 NOTICE of Compliance Regarding Plaintiffs' Notice of Filing Bond by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.) |
| Filing 17 NOTICE of Filing Bond by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Bond) (kpe) |
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Filing 15
ORDER ON PLAINTIFFS' EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND ORDER RESTRAINING TRANSFER OF ASSETS: Granting Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets (the "Application") filed by Plaintiffs. Preliminary Injunction Hearing set for 3/7/2025 2:30 PM in Miami Division before Judge Jacqueline Becerra. Signed by Judge Jacqueline Becerra on 2/24/2025. (scn) Modified to unseal per DE#23. (scn)
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| SYSTEM ENTRY - Docket Entry 16 [order] restricted/sealed until further notice. (scn) |
| Filing 14 Notice of NO Pending, Refiled, Related or Similar Actions by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.) |
| Filing 13 Summons Issued as to 9giftstore.com and all other Defendants identified in Schedule A hereto. (scn) Modified to unseal per DE#23. (scn) |
| Filing 12 Notice of Filing re DE# 8 Order on Motion to Seal, by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Proposed Summonses) (Wiborg-Rodriguez, T.) Modified to unseal per DE#23. (scn) |
| Filing 11 Notice of Filing re DE# 8 Order on Motion to Seal, by Apple Corps Limited, Subafilms Limited. (Attachments: #1 Schedule A to the Complaint) (Wiborg-Rodriguez, T.) Modified to unseal per DE#23. (scn) |
| Filing 10 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#23. (scn) |
| Filing 9 Plaintiff's EX PARTE MOTION 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 Exhibit 1 to the Declaration of Paul Cole, #3 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #4 Declaration of Kathleen Burns in Support Thereof, #5 Exhibit 1 to the Declaration of Kathleen Burns - part 1, #6 Exhibit 1 to the Declaration of Kathleen Burns - part 2, #7 Text of Proposed Order) (Wiborg-Rodriguez, T.). Added MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction on 2/20/2025 (scn). Modified to unseal per DE#23. (scn) |
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Filing 8
PAPERLESS ORDER granting #7 Motion to File Under Seal. Plaintiffs shall file the following documents (collectively, the "Documents") UNDER SEAL in unredacted form by no later than February 20, 2025: (i) Schedule A to the Complaint; and (ii) the Summonses for Defendants in this matter. The Clerk is directed to maintain the Documents UNDER SEAL pending further order of the Court. Signed by Judge Jacqueline Becerra on 2/18/2025. (ymr)
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| Filing 7 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 6 Corporate Disclosure Statement by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.) |
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Filing 5
PAPERLESS ORDER REQUIRING NOTICE OF RELATED ACTION. Plaintiff shall file a Notice of Related Action by February 21, 2025 identifying any other actions pending in the Southern District of Florida which involve the trademark(s) at issue in this case, along with an explanation why these claims and defendants were not included in those actions. Signed by Judge Jacqueline Becerra on 2/18/2025. (ymr)
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Filing 4
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment, if applicable, shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, 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 must not include the undersigned or the assigned Magistrate Judge 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. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 2/18/2025. (ymr)
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| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint w/ Exhibits) (caw) |
| Filing 2 Clerk's Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (caw) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18211457, 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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