Apple Corps Limited et al v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A", No. 0:2020cv61916 - Document 38 (S.D. Fla. 2020)

Court Description: CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO THE CONSENT JUDGMENT DEFENDANTS IDENTIFIED ON SCHEDULE A HERETO granting 35 Plaintiff's MOTION to Approve Consent Judgment MOTION for Permanent Injunction as to Defendant Numbers 19, 35, 37, 38, 40, 53, 65, 83, 89 filed by Subafilms Limited, Apple Corps Limited. Signed by Judge Beth Bloom on 11/16/2020. See attached document for full details. (scn)
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Apple Corps Limited et al v. The Individuals, Partnerships, and Unin...ied on Schedule "A" Doc. 38 Case 0:20-cv-61916-BB Document 38 Entered on FLSD Docket 11/17/2020 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 20-cv-61916-BLOOM/Valle APPLE CORPS LIMITED and SUBAFILMS LIMITED, Plaintiffs, vs. BAGANI.MOBI, et al., Defendants. ______________________________________/ CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO THE CONSENT JUDGMENT DEFENDANTS IDENTIFIED ON SCHEDULE “A” HERETO THIS CAUSE is before the Court upon Plaintiffs’ Motion for Entry of Consent Final Judgment and Permanent Injunction as to certain Defendants, ECF No. [35] (“Motion”), filed on November 16, 2020. 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 (“Plaintiffs”), and the Defendants identified on Schedule “A” hereto (collectively, the “Consent Judgment Defendants”), stipulate and consent to the following: WHEREAS, the Consent Judgment Defendants adopted and began using trademarks in the United States that infringe and dilute the distinctive quality of Plaintiffs’ various registered trademarks identified in Paragraphs 18 and 27 of Plaintiffs’ Amended Complaint, ECF No. [19], (“Plaintiffs’ Marks”); WHEREAS, each of the Consent Judgment Defendants’ use of names and marks which incorporate one or more of Plaintiffs’ Marks is likely to cause confusion as to source or origin; Dockets.Justia.com Case 0:20-cv-61916-BB Document 38 Entered on FLSD Docket 11/17/2020 Page 2 of 6 Case No. 20-cv-61916-BLOOM/Valle WHEREAS, the parties desire to settle and have amicably resolved their dispute to their satisfaction; and WHEREAS, based upon Plaintiffs’ good faith prior use of Plaintiffs’ Marks, Plaintiffs have superior and exclusive rights in and to the Plaintiffs’ Marks in the United States and any confusingly similar names or marks; it is ORDERED AND ADJUDGED as follows: 1. Plaintiffs’ Motion, ECF No. [35], is GRANTED. Judgment is entered in favor of Plaintiffs and against each of the Consent Judgment Defendants. 2. Each of the Consent Judgment Defendants and their respective officers, agents, servants, employees and attorneys, and all persons in active concert and participation with them are hereby permanently restrained and enjoined from intentionally and/or knowingly: a. manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods bearing and/or using Plaintiffs’ Marks; b. using Plaintiffs’ Marks in connection with the sale of any unauthorized goods; c. using any logo, and/or layout which may be calculated to falsely advertise the services or products of the Consent Judgment Defendants as being sponsored by, authorized by, endorsed by, or in any way associated with Plaintiffs; d. falsely representing themselves as being connected with Plaintiffs, through sponsorship or association; e. engaging in any act which is likely to falsely cause members of the trade 2 Case 0:20-cv-61916-BB Document 38 Entered on FLSD Docket 11/17/2020 Page 3 of 6 Case No. 20-cv-61916-BLOOM/Valle and/or of the purchasing public to believe any goods or services of the Consent Judgment Defendants, are in any way endorsed by, approved by, and/or associated with Plaintiffs; f. using any reproduction, counterfeit, copy, or colorable imitation of the Plaintiffs’ Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by the Consent Judgment Defendants; g. affixing, applying, annexing or using in connection with the sale of any goods, a false description or representation, including words or other symbols tending to falsely describe or represent the Consent Judgment Defendants’ goods as being those of Plaintiffs, or in any way endorsed by Plaintiffs; h. offering such goods in commerce and from otherwise unfairly competing with Plaintiffs; i. secreting, destroying, altering, removing, or otherwise dealing with the unauthorized products or any books or records which contain any information relating to the importing, manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, advertising, promoting, renting or displaying of all unauthorized products which infringe the Plaintiffs’ Marks; and j. effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in subparagraphs (a) through (i). 3 Case 0:20-cv-61916-BB Document 38 Entered on FLSD Docket 11/17/2020 Page 4 of 6 Case No. 20-cv-61916-BLOOM/Valle 3. Plaintiffs shall have the right to seek sanctions for contempt, compensatory damages, injunctive relief, attorneys’ fees, costs, and such other relief deemed proper in the event of a violation or failure by any of the Consent Judgment Defendants to comply with any of the provisions hereof. The prevailing party in any such proceeding shall be entitled to recover its attorney’s fees and costs. 4. This Consent Final Judgment shall be conclusive for purposes of collateral estoppel regarding all issues that have been or could have been brought on the same operative facts. 5. Each party shall bear its own attorney’s fees and costs. 6. This Court will retain continuing jurisdiction over this cause to enforce the terms of this Consent Final Judgment. 7. PayPal, Inc. (“PayPal”), SIA Joom, which operates the Joom.com website (“Joom”), and their related companies and affiliates shall (1) disburse the funds of each of the Consent Judgment Defendants restrained pursuant to the Court’s Sealed Order Granting Plaintiffs’ Ex Parte Application for Entry of Temporary Restraining Order and Setting Hearing on Motion for Preliminary Injunction, dated September 23, 2020, ECF No. [11], as directed by Plaintiffs’ counsel; and (2) upon transfer of the funds to Plaintiffs as required herein, PayPal and Joom shall remove any restraints that were placed on the Consent Judgment Defendants’ PayPal and Joom accounts pursuant to the Temporary Restraining Order; and (3) return each of the Consent Judgment Defendants’ accounts back to an unrestrained status in accordance with PayPal and Joom’s operating procedures and contract for services with each of the Consent Judgment Defendants. 4 Case 0:20-cv-61916-BB Document 38 Entered on FLSD Docket 11/17/2020 Page 5 of 6 Case No. 20-cv-61916-BLOOM/Valle DONE AND ORDERED in Chambers at Miami, Florida, on November 16, 2020. _________________________________ BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record SCHEDULE “A” 5 Case 0:20-cv-61916-BB Document 38 Entered on FLSD Docket 11/17/2020 Page 6 of 6 Case No. 20-cv-61916-BLOOM/Valle CONSENT JUDGMENT DEFENDANTS BY NUMBER, SELLER ID, AND INDIVIDUAL, PARTNERSHIP, OR UNINCORPORATED ASSOCIATION Def. No. Defendant / Seller ID Store Number / PayPal Account 19 lovecharmworld2012 lovecharmworld@gmail.com 35 wybeads-fine-jewelry wantchangeforever@gmail.com 37 3 Idiots 5d458ec91436d4030122195c 38 antelope 5d52835f28fc710301a00a8e 53 eight octopus 5d5e817f8b2c3703019caf83 65 Les choristes 5d458edd8b2c370301c36350 83 Sky of shop 5db81be628fc7103019508de 89 Titanic 40 Baby dress 5d458e728b45130301192fcf 1517884686413800174-140-5-7092672229233 6 Individual, Partnership, or Unincorporated Association Huang Yongjun Nengzhao Xie Xiaowei Yuan