Apple Corps Limited et al v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A"

Filing 38

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)

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;

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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

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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).

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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.

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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”

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CONSENT JUDGMENT DEFENDANTS BY NUMBER, SELLER ID, AND
INDIVIDUAL, PARTNERSHIP, OR UNINCORPORATED ASSOCIATION
Def.
No.

Defendant / Seller ID

Store Number / PayPal Account

19

lovecharmworld2012

[e-mail]

35

wybeads-fine-jewelry

[e-mail]

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