2023-cv-62075

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-17039699, 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 Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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 with Exhibits

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.

Text of Proposed Order

ORDER Granting Plaintiffs' Motion to File Under Seal [DE 5]. Signed by Judge Rodney Smith on 11/9/2023. See attached document for full details.

Order (Text entry; no document attached.)

NOTICE OF CONVENTIONAL FILING of SEIZURE BOND by Apple Corps Limited, Subafilms Limited.

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

Text of Proposed Order

NOTICE of Hearing on Motion **TIME CHANGE ONLY** 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 : Telephonic Motion Hearing set for 12/18/2023 12:20 PM in Fort Lauderdale Division before Judge Rodney Smith.

Plaintiff's 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

Plaintiff's NOTICE by Apple Corps Limited, Subafilms Limited re [1] Complaint, [15] Plaintiff's MOTION To Unseal upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re [1] Complaint, [14] Notice of Conventional Filing, [8] Order on Motion to Seal, [2] Clerks Notice of Judge Assignment, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [15] Plaintiff's MOTION To Unseal, [3] Form AO 120/121 upon Defendants via website posting

Plaintiff's NOTICE by Apple Corps Limited, Subafilms Limited re [16] Notice of Hearing on Motion, upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re [16] Notice of Hearing on Motion, upon Defendants via website posting

Second 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 Second Notice of E-Mail Inquiries

ORDER granting [15] Motion to Unseal. The Clerk shall UNSEAL all docket entries in this case. Signed by Judge Rodney Smith on 12/18/2023. See attached document for full details.

NOTICE of Compliance re 23 Order to Unseal. All documents in this case have been unsealed per DE#23.

PAPERLESS Minute Entry for proceedings held before Judge Rodney Smith: Motion Hearing held on 12/18/2023, 12:20-12:25pm re 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 filed by Subafilms Limited, Apple Corps Limited. After hearing from the plaintiff, the Court granted motion. Order to follow Attorney Appearance(s): Virgilio Gigante, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov.

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 [6] MOTION FOR ENTRY OF PRELIMINARY INJUNCTION filed by Subafilms Limited, Apple Corps Limited. Signed by Judge Rodney Smith on 12/21/2023. See attached document for full details.

SUMMONS (Affidavit) Returned Executed on [1] Complaint, [26] 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. antantshirt.com served on 12/20/2023, response/answer due 1/10/2024; beeteeshop.com served on 12/20/2023, response/answer due 1/10/2024; brightroomy.com served on 12/20/2023, response/answer due 1/10/2024; carnuoyy.com served on 12/20/2023, response/answer due 1/10/2024; dlegift.com served on 12/20/2023, response/answer due 1/10/2024; footwearmerch.com served on 12/20/2023, response/answer due 1/10/2024; funnycrocs.com served on 12/20/2023, response/answer due 1/10/2024; gannashirts.com served on 12/20/2023, response/answer due 1/10/2024; ghosttshirt.com served on 12/20/2023, response/answer due 1/10/2024; groveblankets.com served on 12/20/2023, response/answer due 1/10/2024; h2bstylee.com served on 12/20/2023, response/answer due 1/10/2024; jomagift.com served on 12/20/2023, response/answer due 1/10/2024; kolifan.com served on 12/20/2023, response/answer due 1/10/2024; limotees.com served on 12/20/2023, response/answer due 1/10/2024; madisonku.com served on 12/20/2023, response/answer due 1/10/2024; pediclothing.com served on 12/20/2023, response/answer due 1/10/2024; printitize.com served on 12/20/2023, response/answer due 1/10/2024; puppyprinty.com served on 12/20/2023, response/answer due 1/10/2024; seizeshirt.com served on 12/20/2023, response/answer due 1/10/2024; shirtdemand.com served on 12/20/2023, response/answer due 1/10/2024; teeholly.com served on 12/20/2023, response/answer due 1/10/2024; trendteeshirts.com served on 12/20/2023, response/answer due 1/10/2024; zeshirt.com served on 12/20/2023, response/answer due 1/10/2024.

Affidavit of Service

Affidavit of Service

Plaintiff's NOTICE upon Defendants via Electronic Mail by Apple Corps Limited, Subafilms Limited re [27] Preliminary Injunction

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Apple Corps Limited, Subafilms Limited re [27] Preliminary Injunction upon Defendants via website posting

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, antantshirt.com, beeteeshop.com, brightroomy.com, carnuoyy.com, dlegift.com, footwearmerch.com, funnycrocs.com, gannashirts.com, ghosttshirt.com, groveblankets.com, h2bstylee.com, jomagift.com, kolifan.com, limotees.com, madisonku.com, pediclothing.com, printitize.com, puppyprinty.com, seizeshirt.com, shirtdemand.com, teeholly.com, trendteeshirts.com, zeshirt.com by Subafilms Limited, Apple Corps Limited.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk'

Text of Proposed Order

CLERK'S Entry of Default Granting [31] Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, antantshirt.com, beeteeshop.com, brightroomy.com, carnuoyy.com, dlegift.com, footwearmer filed by Subafilms Limited, Apple Corps Limited. Signed by DEPUTY CLERK on 1/30/2024. See attached document for full details.

NOTICE of Attorney Appearance by Darren Adam Heitner on behalf of kolifan.com. Attorney Darren Adam Heitner added to party kolifan.com(pty:dft).

Unopposed MOTION to Set Aside Default by groveblankets.com. Attorney Darren Adam Heitner added to party groveblankets.com(pty:dft).

Text of Proposed Order

ORDER GRANTING [34] MOTION TO VACATE CLERK'S DEFAULT: Accordingly, it is ORDERED that: Defendant groveblankets.com's Unopposed Motion to Set Aside Default [DE 34] is GRANTED. The Clerk shall VACATE the Clerk's Default [DE [32]] as to Defendant groveblankets.com only. Defendant groveblankets.com shall file a response or answer by March 4, 2024. Signed by Judge Rodney Smith on 2/20/2024. See attached document for full details.

ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE: Accordingly, it isORDERED that Plaintiff must file one of the following two responses by March 5, 2024: A Motion for Default Final Judgment or a Notice of Joint Liability. Plaintiff's/Plaintiffs' failure to file for a motion for default final judgment or notice of joint liability within the specified time will result in a dismissal of the case without prejudice and without further notice. Signed by Judge Rodney Smith on 2/20/2024. See attached document for full details.

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [26] Amended Complaint/Amended Notice of Removal, by groveblankets.com.

Text of Proposed Order

PAPERLESS ORDER granting 37 UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TOAMENDED COMPLAINT. Defendant groveblankets.com shall file an answer or response to the Amended Complaint by April 3, 2024. Signed by Judge Rodney Smith on 3/4/2024.

Plaintiff's MOTION for Extension of Time to File Motion for Default Final Judgment Against Defendant Number 8 by Apple Corps Limited, Subafilms Limited. Responses due by 3/18/2024.

Text of Proposed Order

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

PAPERLESS ORDER granting 39 Plaintiffs' MOTION for Extension of Time to File Motion for Default Final Judgment Against Defendant Number 8. Plaintiffs shall file a motion for default judgment as to Defendant Number 8 by March 25, 2024. Signed by Judge Rodney Smith on 3/6/2024.

Second MOTION for Extension of Time to File Motion for Default Final Judgment Against Defendant Number 8 by Apple Corps Limited, Subafilms Limited. Responses due by 4/5/2024.

Text of Proposed Order

PAPERLESS ORDER granting 42 PLAINTIFFS' SECOND MOTION FOR AN EXTENSION OF TIME TO FILE MOTION FOR DEFAULT FINAL JUDGMENT AGAINST DEFENDANT NUMBER 8. Plaintiffs shall file a motion for default judgment as to Defendant Number 8 by April 24, 2024. Signed by Judge Rodney Smith on 3/22/2024.

MOTION to Withdraw as Attorney by Darren Heitner for / by groveblankets.com. Responses due by 4/24/2024.

Plaintiff's MOTION for Clerk's Entry of Default as to groveblankets.com by Subafilms Limited, Apple Corps Limited.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk's Entry of Default

(Text of Proposed Order)

CLERK'S ENTRY OF DEFAULT - Granting 45 Plaintiff's MOTION for Clerk's Entry of Default as to groveblankets.com filed by Subafilms Limited, Apple Corps Limited. Signed by DEPUTY CLERK on 4/11/2024. See attached document for full details.

Joint MOTION for Extension of Time to Submit Final Documents as to Defendant Number 8 and Notice of Settlement as to Defendant Number 8 re [43] Order on Motion for Extension of Time, by Apple Corps Limited, Subafilms Limited. Responses due by 5/7/2024.

Text of Proposed Order

ORDER: The Motion to Withdraw [DE [44]] is GRANTED. Counsel Darren Adam Heitner is terminated as counsel of record for Defendant groveblankets.com. By May 15, 2024, Plaintiffs shall file a motion for default judgment against Defendant groveblankets.com in accordance with the Court's February 20, 2024 Order [DE [36]]. Counsel Darren Adam Heitner shall serve a copy of this Order on Defendant groveblankets.com and notify the Court of compliance by April 29, 2024. Darren Adam Heitner representing groveblankets.com (Defendant) withdrawn from case. Signed by Judge Rodney Smith on 4/24/2024. See attached document for full details.

ORDER ON NOTICE OF SETTLEMENT: re [47]Joint Notice of Settlement and Motion for an Extension of Time to Submit Final Documents. The Court's Order on Default Judgment Procedure [DE [36]] is SET ASIDE as to Defendant kolifan.com only. Plaintiffs and Defendant kolifan.com shall file their Stipulation of Dismissal in accordance with Federal Rule of Civil Procedure 41 within thirty (30) days of this Order. The parties' Joint Motion for an Extension of Time to Submit Final Documents as to Defendant Number 8 [DE [47]] is DENIED as moot. Signed by Judge Rodney Smith on 4/24/2024. See attached document for full details.

Attorney Darren Adam Heitner representing groveblankets.com (Defendant) Activated. (Text entry; no document attached.)

NOTICE of Compliance by groveblankets.com re [48] Order on Motion to Withdraw as Attorney

Exhibit A

ORDER GRANTING [40] MOTION FOR FINAL DEFAULT JUDGMENT: Plaintiffs' Motion for Entry of Final Default Judgment Against Defendants [DE 40] is GRANTED. In accordance with Federal Rule of Civil Procedure 58, a separate final judgment will be entered. Signed by Judge Rodney Smith on 5/3/2024. See attached document for full details.

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION: JUDGMENT in favor of Apple Corps Limited, Subafilms Limited and against antantshirt.com, beeteeshop.com, brightroomy.com, carnuoyy.com, dlegift.com, footwearmerch.com, funnycrocs.com, gannashirts.com, ghosttshirt.com, h2bstylee.com, jomagift.com, limotees.com, madisonku.com, pediclothing.com, printitize.com, puppyprinty.com, seizeshirt.com, shirtdemand.com, teeholly.com, trendteeshirts.com, and zeshirt.com. The bond posted by Plaintiffs in the amount of $10,000.00 is hereby ordered released by the Clerk. This case remains open as to Defendants Numbers 6 and 8 ONLY, until further Order of the Court. Signed by Judge Rodney Smith on 5/3/2024. See attached document for full details.

Plaintiff's MOTION to Amend/Correct [52] Default Judgment, Preliminary Injunction, to Include Defendant Number 6 by Apple Corps Limited, Subafilms Limited. Responses due by 5/29/2024.

Declaration of Paul Cole in Support Thereof

Exhibit 1 to the Declaration of Paul Cole

Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof

Declaration of Huang Yu Ting in Support Thereof

Text of Proposed Order Granting Motion to Amend Final Default Judgment and Perma

Text of Proposed Order Amended Final Default Judgment and Permanent Injunction

STIPULATION of Dismissal as to Defendant Number 8 by Apple Corps Limited, Subafilms Limited (Wiborg-Rodriguez, T.)

ORDER GRANTING [53] MOTION TO AMEND FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION TO INCLUDE DEFENDANT NUMBER 6: In accordance with Federal Rule of Civil Procedure 58, a separate amended final judgment will be entered. Plaintiffs are ordered to serve a copy of this Order upon Defendant Number 6. Signed by Judge Rodney Smith on 6/25/2024. See attached document for full details.

AMENDED FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION: re [55] Order Granting. It is hereby, ORDERED that Amended Final Default Judgment is hereby entered in favor of Plaintiffs, Apple Corps Limited and Subafilms Limited (collectively, "Plaintiffs") and against Defendants, the Individuals, Business Entities, and Unincorporated Associations identified on Schedule "A" hereto (collectively, "Defendants"). This case remains open as to Defendants Number 8 ONLY, until further Order of the Court. Signed by Judge Rodney Smith on 6/25/2024. See attached document for full details.

FINAL ORDER OF DISMISSAL, Case is closed. Signed by Judge Rodney Smith on 5/22/2025. See attached document for full details.