Apple Corps Limited and Subafilms Limited v. The Individuals, Business Entities and Unincorporated Associations Identified on Schedule “A,”

CourtDistrict Court, S.D. Florida
DecidedDecember 5, 2025
Docket1:25-cv-25009
StatusUnknown

This text of Apple Corps Limited and Subafilms Limited v. The Individuals, Business Entities and Unincorporated Associations Identified on Schedule “A,” (Apple Corps Limited and Subafilms Limited v. The Individuals, Business Entities and Unincorporated Associations Identified on Schedule “A,”) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Apple Corps Limited and Subafilms Limited v. The Individuals, Business Entities and Unincorporated Associations Identified on Schedule “A,”, (S.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 25-cv-25009- BLOOM/Elfenbein

APPLE CORPS LIMITED and SUBAFILMS LIMITED,

Plaintiffs,

v.

THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A,”

Defendants. /

ORDER GRANTING PLAINTIFFS’ MOTION FOR ENTRY OF PRELIMINARY INJUNCTION THIS CAUSE is before the Court upon Plaintiffs’ Motion for Entry of a Preliminary Injunction (the “Motion”), ECF No. [27], filed on November 26, 202. The Court has carefully considered the Motion, the record in this case, the applicable law, and is otherwise fully advised. Plaintiffs, Apple Corps Limited and Subafilms Limited (collectively “Plaintiffs”), move for entry of a preliminary injunction against Defendants1 for alleged violations of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a). The Court held a hearing on December 5, 2025, which was attended by counsel for Plaintiffs. During the hearing, Plaintiffs directed the Court to evidence supporting the Motion. None of the Defendants formally responded to the Motion, nor have they made any appearance or filing in this case, either individually or through counsel. Because Plaintiffs have satisfied the requirements for the issuance of a preliminary injunction, the Court

1 Defendants are the Individuals, Business Entities, and Unincorporated Associations identified in Schedule “A.” grants the Motion. I. BACKGROUND2 Plaintiff, Apple Corps Limited, is the owner of the following trademarks (the “BEATLES Marks”), which are valid and registered on the Principal Register of the United States Patent and

Trademark Office (USPTO):

Registration Trademark Registration Date Class(es) / Good(s) Number

THE BEATLES 1,752,120 February 16, 1993 IC 025 - Headwear, sweatshirts, t-shirts, shirts. IC 021 – Beverage glassware; statuettes and figurines of ceramic; plates; drinking vessels, namely, glasses, mugs, jugs, and tankards not of precious metal; bottles, namely, sport bottles sold empty, and vacuum bottles; insulated bottles, namely, thermal insulated bottles and flasks for beverages; cookie jars; coasters other than of paper or of table linen; serving trays not of precious metal; drinking glasses; bottle openers; lunch boxes; shaped cookie cutters; small domestic containers, namely, piggy banks not of metal, salt and pepper shakers, salt and pepper pots not of precious metal; tea cups and saucers; coasters BEATLES 4,373,956 July 30, 2013 not of paper and other than table linen, namely, coasters made of ceramic tiles for beverages.

IC 024 - Household linen; bed linen; bed sheets, pillowcases, towels.

IC 025 - Footwear and headgear, namely, hats and caps; clothing, namely, shirts, polo shirts, t-shirts, sweatshirts; jackets, coats; scarves; neck-ties; socks; long-sleeved shirts and long-sleeved t-shirts; fleece tops; thermal tops; jerseys; tank tops; swim wear; slippers; cloth babies' bibs.

2 The factual background is taken from Plaintiffs’ Amended Complaint, ECF No. [29], Plaintiffs’ Application for Temporary Restraining Order, ECF No. [9], and Plaintiffs’ Motion for Preliminary Injunction (“Motion”), ECF No. [27], and supporting evidentiary submissions. Plaintiffs filed declarations and exhibits annexed thereto in support of their Application for Temporary Restraining Order and Motion: Cole Decl., ECF No. [9-1], Wiborg-Rodriguez Decl., ECF No. [9-3], Burns Decl., ECF No. [9-4]. Case No. 25-cv-25009-BLOOM/Elfenbein

See Declaration of Paul Cole (Cole Decl.), ECF No. [9-1] at 9§ 4-5; ECF No. [29-1] (containing Certificates of Registration for the BEATLES Marks at issue). The BEATLES Marks are used in connection with the manufacture, promotion, distribution, and sale of high-quality goods in the categories identified above. See Cole Decl., ECF No. [9-1] at 9 4-5. Plaintiff, Subafilms Limited, is the owner of the following trademark (the “YELLOW SUBMARINE Mark”), which is valid and registered on the USPTO:

Registration Registration

IC 024 - Household linen; bed linen; bedspreads; bed sheets, pillowcases, towels. IC 025 - Shirts; polo shirts; t- shirts; long-sleeved shirts and long-sleeved t-shirts; sweatshirts; November 6, |. YELLOW SUBMARINE 3,328,170 007 jackets; pullovers; vests; scarves; neck-ties; hats; caps; sock; thermal tops; jerseys; sweaters; tank tops; pajamas; clothing for toddlers, infants and babies namely, one piece garments for infants and toddlers, sleep suits, t- shirts and long-sleeved t-shirts.

See Cole Decl., ECF No. [9-1] at 9 10-11; ECF No. [29-2] (containing Certificate of Registration for the YELLOW SUBMARINE Mark at issue). The YELLOW SUBMARINE Mark is used in connection with the manufacture, promotion, distribution, and sale of high-quality goods in the categories identified above. See Cole Decl., ECF No. [9-1] at ff 10-11. Defendants, by operating the Internet based e-commerce stores under the seller names (the “E-commerce Store Names”) listed on Schedule “A” hereto have advertised, promoted, offered for sale, or sold goods bearing and/or using what Plaintiffs have determined to be counterfeits,

infringements, reproductions and/or colorable imitations of the BEATLES Marks and the YELLOW SUBMARINE Mark (collectively “Plaintiffs’ Marks”). See id. at ¶ 16; Decl. of T. Raquel Wiborg-Rodriguez (Wiborg-Rodriguez Decl.), ECF No. [9-3] ¶ 2; Decl. of Kathleen Burns (Burns Decl.), ECF No. [9-4] ¶ 4.

Although each Defendant may not copy and infringe each of Plaintiffs’ Marks for each category of goods protected, Plaintiffs have submitted sufficient evidence showing that each Defendant has infringed, at least, one or more of Plaintiffs’ Marks. See Cole Decl., ECF No. [9-1] ¶¶ 4-5, 10-11, 16–20; ECF No. [9-2]. Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, or colorable imitations of Plaintiffs’ Marks. See Cole Decl., ECF No. [9-1] ¶¶ 16, 19-20. Plaintiffs’ counsel retained Invisible Inc (“Invisible”), a licensed private investigative firm, to investigate the promotion and sale of counterfeit and infringing versions of Plaintiffs’ branded products by Defendants and to document the available payment account data for receipt of funds paid to Defendants for the sale of counterfeit versions of Plaintiffs’ branded products. See Cole Decl.

ECF No. [9-1] ¶ 17; Wiborg-Rodriguez Decl., ECF No. [9-3] ¶ 2; Burns Decl., ECF No. [9-4] ¶ 3. Invisible accessed the Internet based e-commerce stores operating under each Defendant’s E- commerce Store Name,3 placed an order from each Defendant for the purchase of a product bearing and/or using counterfeits of, at least, one of Plaintiffs’ Marks and requested a product from each Defendant be billed and/or shipped to an address in the Southern District of Florida. See Burns Decl., ECF No. [9-4] ¶ 4. Each order was processed entirely electronically and following the

3 Most of the orders from Defendants were not finalized so as to avoid adding money to Defendants’ coffers. See Wiborg-Rodriguez Decl., ECF No. [9-3] ¶ 2 n.1; Burns Decl., ECF No. [9-4] ¶ 4 n.1. submission of the orders, Invisible documented information for finalizing payment4 for the products ordered on each of the Defendants’ e-commerce stores as identified on Schedule “A.” See Burns Decl. ECF No. [9-4] ¶ 4, and ECF Nos. [9-5]-[9-11]; Wiborg-Rodriguez Decl., ECF No. [9-3] ¶ 2. At the conclusion of the process, the detailed web pages of the various products bearing and/or using

Plaintiffs’ Marks offered for sale and ordered via Defendants’ E-commerce Store Names, were sent to Plaintiffs’ representative for inspection. See Cole Decl., ECF No.

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Apple Corps Limited and Subafilms Limited v. The Individuals, Business Entities and Unincorporated Associations Identified on Schedule “A,”, Counsel Stack Legal Research, https://law.counselstack.com/opinion/apple-corps-limited-and-subafilms-limited-v-the-individuals-business-flsd-2025.