2022-cv-62342

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16172715, filed by Apple Corps Limited, Subafilms Limited.

Civil Cover Sheet

Exhibit 1 to Complaint Certificates of Registration for the Beatles Trademarks

Exhibit 2 to Complaint Certificate of Registration for the Yellow Submarine Tra

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.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

(Complaint) (rbe)

Corporate Disclosure Statement by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.)

Plaintiff's MOTION to Seal per Local Rule 5.4 by Apple Corps Limited, Subafilms Limited.

SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (1336528) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 7 [motion] restricted/sealed until further notice. (1336528) (Text entry; no document attached.)

(Text of Proposed Order) (Wiborg-Rodriguez, T.)

ORDER granting 5 Motion to Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/15/2022. See attached document for full details.

SYSTEM ENTRY - Docket Entry 9 [misc] restricted/sealed until further notice. (1336528) (Text entry; no document attached.)

Order (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 10 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 11 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 12 [misc] restricted/sealed until further notice. (1336528) (Text entry; no document attached.)

Seizure BOND in the amount of $10,000.00 posted by Apple Corps Limited Approved by Judge Rodolfo A. Ruiz, II

Plaintiff's MOTION To Unseal by Apple Corps Limited, Subafilms Limited.

Text of Proposed Order

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Apple Corps Limited, Subafilms Limited.

Exhibit 1 to Amended Complaint Certificates of Registration for the Beatles Tra

Exhibit 2 to Amended Complaint Certificate of Registration for the Yellow Subma

ORDER granting [13] Motion to Unseal Document. Signed by Judge Rodolfo A. Ruiz, II on 1/4/2023. See attached document for full details.

NOTICE of Compliance re 17 Order on Motion to Unseal Document. (All Docket entries unsealed)

Summons issued as to The Individuals, Business Entities And Unincorporated Associations Identified On Schedule A.

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

Exhibit Certificate of Sevice

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

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

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

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

Exhibit Certificate of Sevice

NOTICE by Apple Corps Limited, Subafilms Limited of E-mail Inquiry Received from a Certain Defendant in Connection with Asset Restraint and Service

Exhibit 1 to the Notice of E-Mail Inquiry

NOTICE by Apple Corps Limited, Subafilms Limited of E-mail Inquiries Received from Certain Defendants in Connection with Asset Restraint and Service

(Exhibit 1 to the Notice of E-Mail Inquiries) (Wiborg-Rodriguez, T.)

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 / Ilona_lupowitz@flsd.uscourts.gov.

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.

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.

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.

Affidavit of Service

Affidavit of Service

STATUS REPORT by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.)

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.

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.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Apple Corps Limited, Subafilms Limited.

Declaration of Paul Cole in Support Thereof

Exhibit 1 to the Declaration of Paul Cole

Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof

Text of Proposed Order Granting Motion for Final Default Judgment

Text of Proposed Order Final Default Judgment and Permanent Injunction

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.

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