UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.

APPLE CORPS LIMITED AND SUBAFILMS 

LIMITED, 

Plaintiffs,

vs.

THE INDIVIDUALS, PARTNERSHIPS AND 

UNINCORPORATED ASSOCIATIONS 

IDENTIFIED ON SCHEDULE “A,”

Defendants.

/

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Plaintiffs, Apple Corps Limited and Subafilms Limited (“Plaintiffs”) hereby sue 

Defendants, the Individuals, Partnerships, and Unincorporated Associations Identified on 

Schedule “A” (collectively “Defendants”). Defendants are promoting, selling, offering for sale and 

distributing goods bearing counterfeits and confusingly similar imitations of Plaintiffs’ respective 

trademarks within this district through a fully interactive commercial Internet website and various 

Internet based e-commerce stores operating under their domain name or seller identities set forth 

on Schedule “A” (the “Subject Domain Name and Seller IDs”). In support of their claims, Plaintiffs

allege as follows:

JURISDICTION AND VENUE

1. This is an action for federal trademark counterfeiting and infringement, false 

designation of origin, common law unfair competition, and common law trademark infringement 

pursuant to 15 U.S.C. §§ 1114, 1116, and 1125(a), and The All Writs Act, 28 U.S.C. § 1651(a). 

Accordingly, this Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. § 

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1121 and 28 U.S.C. §§ 1331 and 1338. This Court has supplemental jurisdiction pursuant to 28 

U.S.C. § 1367 over Plaintiffs’ state law claims because those claims are so related to the federal 

claims that they form part of the same case or controversy.

2. Defendants are subject to personal jurisdiction in this district, because they direct 

business activities toward and conduct business with consumers throughout the United States, 

including within the State of Florida and this district, through at least, the fully interactive 

commercial Internet website and Internet based e-commerce stores accessible in Florida and 

operating under their Subject Domain Name and Seller IDs.

3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 since Defendants are, 

upon information and belief, aliens who are engaged in infringing activities and causing harm 

within this district by advertising, offering to sell, selling, and/or shipping infringing products into 

this district.

THE PLAINTIFFS

4. Plaintiff, Apple Corps Limited (“Apple Corps”), is an incorporated limited 

company organized under the laws of the United Kingdom with its principal place of business 

located in London, United Kingdom. Apple Corps is owned by the former members of The Beatles 

and, where applicable, their successors and its principal activities are the promotion, marketing, 

and policing of the products and rights of The Beatles, such as merchandising rights and audio and 

audio-visual content. Apple Corps owns the exclusive right by assignment from The Beatles to all 

merchandising rights of the Beatles and all other intangible rights in the name “The Beatles.”

5. Plaintiff, Subafilms Limited (“Subafilms”), is an associated company of Apple 

Corps Limited, with its principal place of business located in London, United Kingdom. Subafilms 

is owned by Apple Corps, the former members of The Beatles and, where applicable, their 

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successors. Subafilms’ principal asset is the rights in respect of the cartoon film made in 1967 

called “Yellow Submarine.” 

6. Plaintiffs are engaged in the development, manufacture, promotion, distribution, 

and sale in interstate commerce, throughout the United States, including within this district, of a 

variety of quality goods, using multiple common law and federally registered trademarks, 

including those discussed in Paragraphs 17 and 26 below.

7. Plaintiffs’ trademarked goods are advertised, offered for sale, and sold within the 

State of Florida, including this district. Defendants, through the sale and offer to sell counterfeit 

and infringing versions of Plaintiffs’ respective branded products, are directly, and unfairly, 

competing with Plaintiffs’ economic interests in the State of Florida and causing Plaintiffs harm 

within this jurisdiction. 

8. Like many other famous trademark owners, Plaintiffs suffer ongoing daily and 

sustained violations of their respective trademark rights at the hands of counterfeiters and 

infringers, such as Defendants herein, who wrongfully reproduce and counterfeit Plaintiffs’ 

individual trademarks for the twin purposes of (i) duping and confusing the consuming public and 

(ii) earning substantial profits across their e-commerce stores. 

9. In order to combat the indivisible harm caused by the combined actions of 

Defendants, Plaintiffs expend significant resources in connection with trademark enforcement 

efforts. The exponential growth of counterfeiting over the Internet has created an environment that 

requires companies, such as Plaintiffs, to expend significant time and money across a wide 

spectrum of efforts in order to protect both consumers and themselves from the ill effects of 

confusion and the erosion of the goodwill connected to Plaintiffs’ respective brands. 

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THE DEFENDANTS

10. Defendants are individuals and/or business entities of unknown makeup each of 

whom, upon information and belief, either reside and/or operate in foreign jurisdictions,

redistribute products from the same or similar sources in those locations, and/or ship their goods 

from the same or similar sources in those locations to shipping and fulfillment centers within the 

United States to redistribute their products from that location. Defendants have the capacity to be 

sued pursuant to Federal Rule of Civil Procedure 17(b). Defendants purposefully target their

business activities toward consumers throughout the United States, including within this district, 

through the simultaneous operation of, at least, an interactive commercial Internet website under 

the Subject Domain Name or Internet based e-commerce stores via Internet marketplace websites

under the Seller IDs.

11. Defendants are the past and present controlling forces behind the sale of products 

bearing and/or using counterfeits and infringements of Plaintiffs’ individual trademarks as 

described herein operating and using at least the Subject Domain Name and Seller IDs.

12. Defendants directly engage in unfair competition with Plaintiffs by advertising, 

offering for sale, and selling goods, bearing counterfeits and infringements of one or more of 

Plaintiffs’ individual trademarks to consumers throughout the United States and this district

through the fully interactive, commercial Internet website and Internet based e-commerce stores 

using, at least, the Subject Domain Name and Seller IDs, as well as additional names, domain 

names, websites, e-commerce stores or seller identification aliases not yet known to Plaintiffs. 

Defendants have purposefully directed some portion of their illegal activities towards consumers 

in the State of Florida through the advertisement, offer to sell, sale, and/or shipment of counterfeit 

and infringing goods into the State.

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13. Defendants have registered, established or purchased, and maintained the Subject 

Domain Name and Seller IDs. Upon information and belief, Defendants may have engaged in 

fraudulent conduct with respect to the registration of the Subject Domain Name and Seller IDs by 

providing false and/or misleading information to the registrar and/or to the Internet based ecommerce platforms where they offer for sale and/or sell, during the registration or maintenance 

process related to their respective Subject Domain Name and Seller ID. Upon information and 

belief, some Defendants have registered and/or maintained the Subject Domain Name and some 

of the Seller IDs for the sole purpose of engaging in illegal counterfeiting activities.

14. Defendants will likely continue to register or acquire new domain names and seller 

identification aliases for the purpose of selling and offering for sale goods bearing counterfeit and 

confusingly similar imitations of one or more of Plaintiffs’ trademarks unless preliminarily and 

permanently enjoined.

15. Defendants use their Internet-based businesses to infringe the intellectual property 

rights of Plaintiffs.

16. Defendants’ business names, i.e., the Subject Domain Name and Seller IDs,

associated payment accounts, and any other alias domain names and seller identification names 

used in connection with the sale of counterfeit and infringing goods bearing one or more of 

Plaintiffs’ trademarks are essential components of Defendants’ online activities and are one of the 

means by which Defendants further their counterfeiting and infringing scheme and cause harm to 

Plaintiffs. Moreover, Defendants are using Plaintiffs’ respective famous names and trademarks to 

drive Internet consumer traffic to their website and e-commerce stores operating under the Subject 

Domain Name and Seller IDs, thereby increasing the size and value of Plaintiffs’ legitimate 

marketplace at Plaintiffs’ expense.

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COMMON FACTUAL ALLEGATIONS

Apple Corp’s Business and Trademark Rights

17. Apple Corps is the owner of all rights in and to the following trademarks, which 

are valid and registered on the Principal Register of the United States Patent and Trademark Office

(collectively, the “BEATLES Marks”):

Trademark Registration

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

THE BEATLES 1,752,120 February 16, 1993

IC 014 - Watches.

IC 018 – Wallets.

IC 025 - Headwear, sweatshirts, t-shirts, shirts. 

BEATLES 4,373,956 July 30, 2013

IC 009 - Decorative refrigerator 

magnets; computer keyboard accessories, 

namely mouse pads and wrist rests in the form 

of pads for use with computers; telephone 

apparatus, namely, telephones; telephone 

receivers, telephone answering machines, 

mobile telephones; cases for mobile 

telephones; cell phone covers; covers for 

mobile telephones, namely, fitted plastic films 

known as skins for covering and protecting 

electronic apparatus in the nature of mobile 

telephones; straps for mobile telephones; 

telephone call indicator lights and electromechanical shakers for detecting and signaling 

incoming telephone calls; mechanical and 

electric egg timers; boxes and cases specially 

adapted for holding audio cassettes, video 

cassettes, gramophone records, audio compact 

discs, audio mini discs, video discs, and 

interactive compact discs or cd-roms.

IC 014 - Jewelry boxes not of metal, including 

ceramic and porcelain jewelry boxes for 

trinkets; jewelry; horological and chronometric 

instruments, namely, watches and clocks; 

watch straps, cuff links, brooches, bracelets, 

bangles, earrings, pendants, medallions, 

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Trademark Registration

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

trinkets being jewelry, charms being jewelry, 

rings being jewelry, tie pins, jewelers 

ornamental tie pins, lapel pins, tie clips, 

collectible non-monetary coins, ornamental 

pins; articles of precious metal and their alloys, 

and articles coated with precious metal and 

their alloys, namely, belt buckles for clothing, 

coasters, jewelry boxes, key rings, key chains; 

hat and shoe ornaments and key fobs all of 

precious metal; rings being jewelry; ornamental 

pins; cigarette and cigar cases; precious stones; 

semi-precious stones; statuettes and figurines 

of precious metal or precious stone or coated 

therewith; scale model vehicles, ships or 

submarines all made from, or coated with 

precious metal or precious stone.

IC 016 - Bond, carbon, copy, printing and 

writing paper; cardboard; printed matter, 

namely, printed awards, printed award 

certificates, and reproductions of printed award 

certificates, and printed emblems and forms; 

book binding materials, namely, coated paper 

for use as book binding and book binding 

cloth; mounted and unmounted photographs; 

stationery; adhesive tapes for stationery or 

household purposes; artist materials, namely, 

paint brushes, artists' sketch pads, drawing and 

painting papers and charcoal pencils; electric 

and non-electric typewriters; office requisites, 

namely, paper shredders and embossers; 

printed instructional and teaching materials on 

the subject of music; plastic bubble packs for 

packaging; printing type; printing blocks; 

posters; books, namely, educational books on 

the subject of musical groups, books on the 

subject of the entertainment industry, books on 

the subject of modern history, and biographies; 

address books; song books; business cards; 

paper gift cards, postcards; printed invitations; 

greeting cards; calendars; photograph albums; 

prints, namely, photograph prints and pictorial 

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Trademark Registration

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

prints; paper gift bags; paper gift boxes; note 

pads, note books; adhesive backed paper for 

stationery purposes; pens, pencils and crayons; 

stationery push pins and thumbtacks; diaries; 

blank checks and blank check books; check 

book covers; coasters of cardboard or paper. 

gift tags of paper and cardboard; decorative 

pencil tip ornaments made from paper, 

cardboard and paper mache; stickers; 

decalcomania; ring binders in the nature of 

document files; folders; personal organizers; 

covers for books and for personal organizers; 

paper table cloths; printed sheet music; printed 

paper publications in the nature of magazines, 

activity books, and coloring books on the 

subject matter of musicians, animation, 

caricatures, cartoons, fiction and motion picture 

films; books, booklets, pamphlets, printed 

guides, comic books and magazines on the 

subject of music, musicians, caricatures, 

animation, cartoons, fiction and motion picture 

films; comic books; general feature magazines; 

children's activity books; scrapbook albums; 

crossword puzzle books; educational activity 

books on the subject of music; writing paper; 

envelopes; small note pads; trading cards; 

pictures; art prints and framed art prints; 

framed and unframed pictorial prints, cartoon 

prints, lithographic prints, color prints, 

caricature prints, computer generated pictorial 

prints, and black and white, and color prints 

featuring hidden or three dimensional images; 

graphic art etchings; cardboard gift boxes; 

paper gift wrap; memo pads; stationery paper; 

book covers; figurines of paper, cardboard or 

paper mache; party decorations of paper, 

cardboard or paper mache for Christmas use; 

kits composed of paper or cardboard for 

making paper figurines; collectable nonpostage commemorative stamps; rubber 

stamps; protective covers for books and 

personal organizers for stationery use; 

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Trademark Registration

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

telephone directories; paper desk mats; pen and 

pencil cases; pen and pencil boxes; pen and 

pencil holders; drawing rulers; erasers; printed 

paper embroidery design patterns; sewing 

patterns for making clothes, knitting patterns. 

iron-on transfers for decorating textiles; printed 

wall charts; paperweights, not of precious 

metal; babies' bibs of paper; bookmarks; 

passport holders all made from leather or 

imitation leather; pencil cases, notelets and 

autograph books; reusable textile lunch bags; 

reusable plastic shopping bags.

IC 018 - Goods made from leather or imitation 

leather, namely, waist pouches for carrying 

purses and wallets; luggage, carry on traveling 

bags, clutch bags, trunks, business card cases, 

rucksacks, backpacks, purses, wallets, key 

cases, luggage tags; billfolds, leather key fobs, 

key cases, umbrellas; bags, namely, handbags, 

shoulder bags, all-purpose sports bags, barrel 

bags, carry-on flight bags, and duffel bags, 

suitcases, attaché cases, school bags, satchels, 

gym bags, beach bags and credit card cases; 

hand carry overnight cases of metal, plastic or

resin; tote bags, including metal totes; textile 

shopping bags; identity card holders of leather 

and imitations of leather.

IC 021 – Drinking vessels, namely, glasses, 

mugs, jugs, and tankards not of precious

metal; bottles, namely, seltzer bottles for use as 

barware, sport bottles sold empty, and vacuum 

bottles; insulated bottles, namely, thermal 

insulated bottles and flasks for beverages.

IC 024 - Decorative window curtains of wood, 

reed, bamboo, beads or plastic; household 

linen; bed linen; bedspreads; table linen; table 

cloths not of paper; table mats not of paper; 

textile table napkins; coasters made of table 

linen or textile; unfitted fabric furniture covers; 

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Trademark Registration

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

bed sheets, pillow cases, duvet covers; towels; 

face towels; face washing cloths; curtains; wall 

hanging of textile; cloth banners; cloth bunting; 

cloth flags; handkerchiefs; cushion covers; precut textiles for making into cushions and 

cushion covers; traced cloths for embroidery.

IC 025 - Footwear and headgear, namely, hats 

and caps; clothing, namely, shirts, polo shirts, 

T-shirts, sweatshirts; sweatpants; jackets, coats; 

pullovers; vests; articles of underclothing, 

namely, underwear; shorts; scarves; silk pocket 

squares; neck-ties; braces in the nature of 

suspenders; belts; socks; long-sleeved shirts 

and long sleeved T-shirts; silk scarves; silk 

scarves in the shape of squares for wearing 

over the head or around the neck; pants; fleece 

tops; thermal tops; jerseys; baseball jerseys; 

hockey jerseys; sweaters; tank tops; waistcoats; 

trousers; golf shirts; golf pants; golf shoes; 

swim wear; beachwear; night gowns; pajamas; 

dressing gowns; bathrobes; bathing caps; head 

bands; slippers; beach shoes; sandals; clothing 

for toddlers, infants and babies, namely, 

rompers, shortalls, babies' sleep suits; cloth 

babies' bibs.

The BEATLES Marks are used in connection with the manufacture and distribution of quality 

goods in the classes identified above. True and correct copies of the Certificates of Registration 

for the BEATLES Marks are attached hereto as Composite Exhibit “1.”

18. The BEATLES Marks have been extensively and continuously used in interstate 

commerce to identify and distinguish a variety of quality goods. The BEATLES Marks have been 

in use by Apple Corps since long before the Defendants’ use of counterfeits of the BEATLES

Marks.

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19. The BEATLES Marks are symbols of Apple Corps’ quality, reputation and 

enormous goodwill and have never been abandoned.

20. The BEATLES Marks are well known and famous. Apple Corps and its licensees 

expends substantial resources in developing, advertising, and otherwise promoting the BEATLES 

Marks. The BEATLES Marks qualify as famous marks as that term is used in 15 U.S.C. 

§1125(c)(1).

21. Further, Apple Corps and its licensees extensively use, advertise, and promote the 

BEATLES Marks in the United States in association with the sale of quality goods. Apple Corps 

and its licensees have expended significant resources promoting the BEATLES Marks and 

products bearing and/or using the BEATLES Marks on the Internet, and via its official website, 

www.thebeatlesstore.com. Apple Corps’ prominent use of the BEATLES Marks has further 

enhanced the BEATLES Marks’ recognition and fame with members of the consuming public. In 

the last few years alone, Apple Corps has experienced substantial sales of its high quality goods.

22. The worldwide popularity of the Beatles musical compositions, musical recordings,

and the enormous sales of goods bearing and/or using the Beatles’ name, have resulted in the 

widespread recognition of the “Beatles” brand. As a result of Apple Corps’ use, promotion and 

advertisement of the Beatles brand, members of the consuming public readily identify merchandise 

bearing or sold under the BEATLES Marks as being quality merchandise sponsored and approved 

by Apple Corps.

23. Accordingly, the BEATLES Marks are among the most widely recognized 

trademarks in the United States, and the trademarks have achieved substantial secondary meaning 

as identifiers of quality goods.

24. Apple Corps’ has carefully monitored and policed the use of the BEATLES Marks

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and has never assigned or licensed the BEATLES Marks to any of the Defendants in this matter.

25. Genuine goods bearing and/or using the BEATLES Marks are widely legitimately 

advertised, promoted, and offered for sale by Apple Corps, and its authorized licensees, via the 

Internet. Visibility on the Internet, particularly via Internet search engines such as Google, Yahoo!,

and Bing has become increasingly important to Apple Corps’ overall marketing and consumer 

education efforts. Thus, Apple Corps expends significant resources on Internet marketing and 

consumer education which allow Apple Corps and its authorized licensees to fairly and 

legitimately educate consumers about the value associated with the BEATLES Marks and the 

goods sold thereunder. 

Subafilms’ Trademark Rights

26. Subafilms is the owner of all rights in and to the following trademark, which is

valid and registered on the Principal Register of the United States Patent and Trademark Office

(the “YELLOW SUBMARINE Mark”):

Trademark Registration

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

3,328,170 November 6, 2007

IC 009 - Musical sound and video recordings; 

gramophone records featuring music; audio 

compact discs featuring music; computer 

game software; video game software; 

interactive entertainment software for 

generating games, puzzles, images, musical 

entertainment, visual entertainment or movie 

clips; sunglasses; eyeglass cases; magnets; 

fridge magnets; mouse pads being accessories 

for keyboards; telephone apparatus, namely, 

covers for mobile telephones; straps for 

mobile telephones; and downloadable sound 

and video records featuring music, musicians, 

caricatures, cartoons, animation, movie clips, 

album art or music memorabilia images 

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Trademark Registration

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

provided over broadcast, communications, 

satellite and computer networks.

IC 025 - Shirts; polo shirts; t-shirts; longsleeved shirts and long-sleeved t-shirts; 

sweatshirts; jackets; pullovers; vests; scarves; 

pocket squares made of silk; 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.

The YELLOW SUBMARINE Mark is used in connection with the manufacture and distribution 

of quality goods in the classes also identified above. A true and correct copy of the Certificate of 

Registration for the YELLOW SUBMARINE Mark is attached hereto as Composite Exhibit “2.”

27. The YELLOW SUBMARINE Mark has been extensively and continuously used in 

interstate commerce to identify and distinguish a variety of quality goods. The YELLOW 

SUBMARINE Mark has been in use by Subafilms since long before the Defendants’ use of 

counterfeits of the YELLOW SUBMARINE Mark.

28. The YELLOW SUBMARINE Mark is a symbol of Subafilms’ quality, reputation 

and enormous goodwill and has never been abandoned.

29. The YELLOW SUBMARINE Mark is well known and famous. Subafilms and its 

licensees expends significant resources developing, advertising, and otherwise promoting the 

YELLOW SUBMARINE Mark. The YELLOW SUBMARINE Mark qualifies as a famous mark 

as that term is used in 15 U.S.C. §1125(c)(1).

30. Further, Subafilms and its licensees extensively use, advertise, and promote the 

YELLOW SUBMARINE Mark in the United States in association with the sale of quality goods. 

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Subafilms and its licensees have expended significant resources promoting the YELLOW 

SUBMARINE Mark and products bearing and/or using the YELLOW SUBMARINE Mark, on 

the Internet via the website, www.thebeatlesstore.com. Subafilms’ prominent use of the YELLOW 

SUBMARINE Mark has further enhanced the YELLOW SUBMARINE Mark’s recognition and 

fame with members of the consuming public.

31. As a result of Subafilms’ efforts, members of the consuming public readily identify 

merchandise bearing or sold under the YELLOW SUBMARINE Mark as being quality 

merchandise sponsored and approved by Subafilms.

32. Accordingly, the YELLOW SUBMARINE Mark is among the most widely 

recognized trademarks in the United States, and the trademark has achieved substantial secondary 

meaning as an identifier of quality goods.

33. Subafilms’ has carefully monitored and policed the use of the YELLOW 

SUBMARINE Mark and has never assigned or licensed the YELLOW SUBMARINE Mark to any 

of the Defendants in this matter.

34. Genuine goods bearing and/or using the YELLOW SUBMARINE Mark are widely 

legitimately advertised, promoted, and offered for sale by Subafilms through its authorized 

licensees via the Internet. Visibility on the Internet, particularly via Internet search engines such 

as Google, Yahoo!, and Bing has become increasingly important to Subafilms’ overall marketing 

and consumer education efforts. Thus, Subafilms expends significant resources on Internet 

marketing and consumer education which allow Subafilms and its authorized licensees to fairly 

and legitimately educate consumers about the value associated with the YELLOW SUBMARINE

Mark and the goods sold thereunder.

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Defendants’ Infringing Activities

35. Defendants are promoting and advertising, distributing, selling, and/or offering for 

sale goods in interstate commerce bearing counterfeit and confusingly similar imitations of one or 

more of the BEATLES Marks and/or YELLOW SUBMARINE Mark (the “Counterfeit Goods”) 

through at least the commercial Internet website or Internet based e-commerce stores operating 

under the Subject Domain Name and Seller IDs. Several Defendants are also using, at least, the 

listings and associated images identified by the Amazon Standard Identification Numbers 

(“ASIN”) on Schedule “A” annexed hereto. Specifically, Defendants are using virtually identical 

copies of one or more of the BEATLES Marks and/or YELLOW SUBMARINE Mark 

(collectively, “Plaintiffs’ Marks”) for different quality goods. Plaintiffs have used their respective

Marks extensively and continuously before Defendants began offering goods using counterfeit and 

confusingly similar imitations of Plaintiffs’ merchandise.

36. Defendants’ Counterfeit Goods are of a quality substantially and materially

different than that of Plaintiffs’ respective, genuine goods. Defendants are actively using, 

promoting and otherwise advertising, distributing, selling and/or offering for sale substantial 

quantities of their Counterfeit Goods with the knowledge and intent that such goods will be 

mistaken for Plaintiffs’ genuine quality goods despite Defendants’ knowledge that they are without 

authority to use Plaintiffs’ Marks. The net effect of Defendants’ actions is likely to cause 

confusion of consumers at the time of initial interest, sale, and in the post-sale setting, who will 

believe all of Defendants’ goods offered for sale in Defendants’ e-commerce stores are genuine 

goods originating from, associated with, and/or approved by Plaintiffs.

37. Defendants advertise their Counterfeit Goods for sale to the consuming public via 

an Internet website operating under the Subject Domain Name and e-commerce stores operating 

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on, at least, one Internet marketplace website using, at least, the Seller IDs. In so advertising these 

goods, Defendants improperly and unlawfully use one or more of Plaintiffs’ Marks without 

Plaintiffs’ permission.

38. As part of their overall infringement and counterfeiting scheme, Defendants are, 

upon information and belief, all employing and benefitting from substantially similar advertising 

and marketing strategies based, in large measure, upon an illegal use of counterfeits and 

infringements of Plaintiffs’ Marks. Specifically, Defendants are using counterfeits and 

infringements of at least one of Plaintiffs’ Marks in order to make their e-commerce stores selling 

illegal goods appear more relevant and attractive to consumers online. By their actions, Defendants 

are contributing to the creation and maintenance of an illegal marketplace operating in parallel to 

the legitimate marketplace for Plaintiffs’ respective genuine goods. Defendants are causing 

individual, concurrent and indivisible harm to Plaintiffs and the consuming public by (i) depriving 

Plaintiffs and other third parties of their right to fairly compete for space within search engine 

results and reducing the visibility of Plaintiffs’ genuine goods on the World Wide Web, and (ii) 

causing an overall degradation of the value of the goodwill associated with Plaintiffs’ Marks.

39. Defendants are concurrently conducting and targeting their counterfeiting and 

infringing activities toward consumers and likely causing unified harm within this district and 

elsewhere throughout the United States. As a result, Defendants are defrauding Plaintiffs and the 

consuming public for Defendants’ own benefit.

40. At all times relevant hereto, Defendants in this action had full knowledge of 

Plaintiffs’ respective ownership of Plaintiffs’ Marks, including their respective, exclusive rights to 

use and license such intellectual property and the goodwill associated therewith.

41. Defendants’ use of Plaintiffs’ Marks, including the promotion and advertisement, 

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reproduction, distribution, sale and offering for sale of their Counterfeit Goods, is without 

Plaintiffs’ consent or authorization.

42. Defendants are engaging in the above-described illegal counterfeiting and 

infringing activities knowingly and intentionally or with reckless disregard or willful blindness to 

Plaintiffs’ rights for the purpose of trading on Plaintiffs’ goodwill and reputation. If Defendants’ 

intentional counterfeiting and infringing activities are not preliminarily and permanently enjoined 

by this Court, Plaintiffs and the consuming public will continue to be harmed.

43. Defendants’ above identified infringing activities are likely to cause confusion, 

deception, and mistake in the minds of consumers before, during and after the time of purchase. 

Moreover, Defendants’ wrongful conduct is likely to create a false impression and deceive 

customers, the public, and the trade into believing there is a connection or association between 

Plaintiffs’ respective, genuine goods and Defendants’ Counterfeit Goods, which there is not.

44. Defendants’ payment and financial accounts, including but not limited to those

specifically set forth on Schedule “A,” are being used by Defendants to accept, receive, and deposit 

profits from Defendants’ trademark counterfeiting and infringing and unfairly competitive 

activities connected to their Subject Domain Name and Seller IDs and any other alias domain 

names, websites, e-commerce stores or seller identification names being used and/or controlled by 

them.

45. Further, Defendants are likely to transfer or secret their assets to avoid payment of 

any monetary judgment awarded to Plaintiffs.

46. Plaintiffs have no adequate remedy at law.

47. Plaintiffs are suffering irreparable injury and have suffered substantial damages as 

a result of Defendants’ unauthorized and wrongful use of Plaintiffs Marks. If Defendants’

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counterfeiting and infringing, and unfairly competitive activities are not preliminarily and 

permanently enjoined by this Court, Plaintiffs and the consuming public will continue to be 

harmed.

48. The harm and damages sustained by Plaintiffs have been directly and proximately 

caused by Defendants’ wrongful reproduction, use, advertisement, promotion, offers to sell, and 

sale of their Counterfeit Goods.

COUNT I - TRADEMARK COUNTERFEITING AND INFRINGEMENT

PURSUANT TO § 32 OF THE LANHAM ACT (15 U.S.C. § 1114)

49. Plaintiffs hereby adopt and re-allege the allegations set forth in Paragraphs 1 

through 48 above.

50. This is an action for trademark counterfeiting and infringement against Defendants 

based on their use of counterfeit and confusingly similar imitations of Plaintiffs’ Marks in 

commerce in connection with the promotion, advertisement, distribution, offering for sale and sale 

of the Counterfeit Goods. 

51. Defendants are promoting and otherwise advertising, selling, offering for sale, and 

distributing goods bearing and/or using counterfeits and/or infringements of one or more of 

Plaintiffs’ Marks. Defendants are continuously infringing and inducing others to infringe 

Plaintiffs’ Marks by using one or more of them to advertise, promote, sell, and offer to sell

counterfeit and infringing goods. 

52. Defendants’ concurrent counterfeiting and infringing activities are likely to cause 

and actually are causing confusion, mistake, and deception among members of the trade and the 

general consuming public as to the origin and quality of Defendants’ Counterfeit Goods.

53. Defendants’ unlawful actions have caused and are continuing to cause 

unquantifiable damages to Plaintiffs and are unjustly enriching Defendants with profits at 

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Plaintiffs’ expense.

54. Defendants’ above-described illegal actions constitute counterfeiting and 

infringement of Plaintiffs’ Marks in violation of Plaintiffs’ respective rights under § 32 of the 

Lanham Act, 15 U.S.C. § 1114.

55. Plaintiffs have suffered and will continue to suffer irreparable injury and damages 

due to Defendants’ above described activities if Defendants are not preliminarily and permanently 

enjoined. Additionally, Defendants will continue to wrongfully profit from their illegal activities.

COUNT II - FALSE DESIGNATION OF ORIGIN

PURSUANT TO § 43(a) OF THE LANHAM ACT (15 U.S.C. § 1125(a))

56. Plaintiffs hereby adopt and re-allege the allegations set forth in Paragraphs 1 

through 48 above. 

57. Defendants’ Counterfeit Goods bearing, using, offered for sale and sold using

copies of one or more of Plaintiffs’ Marks have been widely advertised and offered for sale

throughout the United States via at least one fully interactive commercial Internet website or 

Internet marketplace website.

58. Defendants’ Counterfeit Goods bearing, offered for sale, and sold using copies of 

at least one of Plaintiffs’ Marks are virtually identical in appearance to Plaintiffs’ respective 

genuine goods. Accordingly, Defendants’ activities are likely to cause confusion in the trade and 

among the general public as to at least the origin or sponsorship of their Counterfeit Goods. 

59. Defendants have used in connection with their advertisement, offer for sale, and 

sale of their Counterfeit Goods, false designations of origin and false descriptions and 

representations, including words or other symbols and trade dress, which tend to falsely describe 

or represent such goods and have caused such goods to enter into commerce with full knowledge 

of the falsity of such designations of origin and such descriptions and representations, all to 

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Plaintiffs’ detriment.

60. Defendants have authorized infringing uses of one or more of Plaintiffs’ Marks in 

Defendants’ advertisement and promotion of their counterfeit and infringing branded goods. 

Defendants have misrepresented to members of the consuming public that the Counterfeit Goods 

being advertised and sold by them are genuine, non-infringing goods.

61. Additionally, Defendants are using counterfeits and infringements of one or more 

of Plaintiffs’ Marks in order to unfairly compete with Plaintiffs and others for space within organic 

search engine results, thereby depriving Plaintiffs of a valuable marketing and educational tool 

which would otherwise be available to Plaintiffs and reducing the visibility of Plaintiffs’ 

respective, genuine goods on the World Wide Web and across social media platforms.

62. Defendants’ above-described actions are in violation of Section 43(a) of the 

Lanham Act, 15 U.S.C. §1125(a).

63. Plaintiffs have no adequate remedy at law and have sustained indivisible injury and 

damage caused by Defendants’ concurrent conduct. Absent an entry of an injunction by this Court, 

Defendants will continue to wrongfully reap profits and Plaintiffs will continue to suffer 

irreparable injury to their goodwill and business reputation, as well as monetary damages.

COUNT III - COMMON LAW UNFAIR COMPETITION.

64. Plaintiffs hereby adopt and re-allege the allegations set forth in Paragraphs 1 

through 48 above.

65. This is an action against Defendants based on their promotion, advertisement, 

distribution, sale and/or offering for sale of goods using or bearing marks that are virtually identical 

to Plaintiffs’ Marks in violation of Florida’s common law of unfair competition.

66. Specifically, Defendants are promoting and otherwise advertising, selling, offering 

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for sale and distributing goods bearing or using counterfeits and infringements of one or more of

Plaintiffs’ Marks. Defendants are also using counterfeits and infringements of one or more of 

Plaintiffs’ Marks to unfairly compete with Plaintiffs and others for (i) space in search engine results 

across an array of search terms and (ii) visibility on the World Wide Web.

67. Defendants’ infringing activities are likely to cause and actually are causing 

confusion, mistake and deception among members of the trade and the general consuming public 

as to the origin and quality of Defendants’ products by their use of Plaintiffs’ Marks.

68. Plaintiffs have no adequate remedy at law and are suffering irreparable injury and 

damages as a result of Defendants’ actions.

COUNT IV - COMMON LAW TRADEMARK INFRINGEMENT

69. Plaintiffs hereby adopt and re-allege the allegations set forth in Paragraphs 1 

through 48 above.

70. This is an action for common law trademark infringement against Defendants based 

on their promotion, advertisement, offering for sale, and sale of their Counterfeit Goods bearing 

at least one or more of Plaintiffs’ Marks. Plaintiffs are the respective owners of all common law 

rights in and to Plaintiffs’ Marks. 

71. Specifically, Defendants are manufacturing, promoting, and otherwise advertising, 

distributing, offering for sale, and selling goods using and bearing infringements of at least one or 

more of Plaintiffs’ Marks.

72. Defendants’ infringing activities are likely to cause and actually are causing 

confusion, mistake and deception among members of the trade and the general consuming public 

as to the origin and quality of Defendants’ Counterfeit Goods bearing Plaintiffs’ Marks.

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73. Plaintiffs have no adequate remedy at law and are suffering damages and 

irreparable injury as a result of Defendants’ actions.

PRAYER FOR RELIEF

74. WHEREFORE, Plaintiffs demand judgment on all Counts of this Complaint and 

an award of equitable relief and monetary relief against Defendants as follows:

a. Entry of temporary, preliminary, and permanent injunctions pursuant to 15 

U.S.C. § 1116 and Federal Rule of Civil Procedure 65 enjoining Defendants, their agents, 

representatives, servants, employees, and all those acting in concert or participation therewith, 

from manufacturing or causing to be manufactured, importing, advertising or promoting, 

distributing, selling or offering to sell their Counterfeit Goods; from infringing, counterfeiting, or 

diluting Plaintiffs’ Marks; from using Plaintiffs’ Marks, or any mark or trade dress similar thereto, 

in connection with the sale of any unauthorized goods; from using any logo, trade name or 

trademark or trade dress that may be calculated to falsely advertise the services or goods of 

Defendants as being sponsored by, authorized by, endorsed by, or in any way associated with 

Plaintiffs; from falsely representing themselves as being connected with Plaintiffs, through 

sponsorship or association, or engaging in any act that is likely to falsely cause members of the 

trade and/or of the purchasing public to believe any goods or services of Defendants, are in any 

way endorsed by, approved by, and/or associated with Plaintiffs; from using any reproduction, 

counterfeit, infringement, copy, or colorable imitation of Plaintiffs Marks in connection with the 

publicity, promotion, sale, or advertising of any goods sold by Defendants; from 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 

Defendants’ goods as being those of Plaintiffs, or in any way endorsed by Plaintiffs and from 

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offering such goods in commerce; from engaging in search engine optimization strategies using 

colorable imitations of Plaintiffs respective name or trademarks and from otherwise unfairly 

competing with Plaintiffs.

b. Entry of a temporary restraining order, as well as preliminary and 

permanent injunctions, pursuant to 28 U.S.C. § 1651(a), The All Writs Act, enjoining Defendants 

and all third parties with actual notice of the injunction from participating in, including providing 

financial services, technical services or other support to, Defendants in connection with the sale 

and distribution of non-genuine goods bearing and/or using counterfeits and/or infringements of 

Plaintiffs’ Marks.

c. Entry of an Order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

this Court’s inherent authority that upon Plaintiffs’ request, the top level domain (TLD) Registry 

for the Subject Domain Name and its administrators, including backend registry operators or 

administrators, place the Subject Domain Name on Registry Hold status for the remainder of the 

registration period for any such domain name, thus removing it from the TLD zone files which 

link the Subject Domain Name, and any other domain names being used and/or controlled by 

Defendants to engage in the business of marketing, offering to sell, and/or selling goods bearing 

counterfeits and infringements of Plaintiffs’ Marks, to the IP addresses where the associated 

websites are hosted.

d. Entry of an Order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

this Court’s inherent authority canceling for the life of the current registration or, at Plaintiffs’ 

election, transferring the Subject Domain Name and any other domain names used by Defendants 

to engage in their counterfeiting of Plaintiffs’ Marks at issue to Plaintiffs’ control so they may no 

longer be used for illegal purposes.

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e. Entry of an Order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

this Court’s inherent authority that upon Plaintiffs’ request, the applicable governing Internet 

marketplace website operators and/or administrators for the Seller IDs who are provided with 

notice of an injunction by this Court disable and/or cease facilitating access to the Seller IDs and 

any other alias seller identification names being used and/or controlled by Defendants to engage 

in the business of marketing, offering to sell, and/or selling goods bearing counterfeits and 

infringements of Plaintiffs’ Marks.

f. Entry of an order, pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

this Court’s inherent authority that, upon Plaintiffs’ request, any Internet marketplace website 

operators, administrators, registrar and/or top-level domain (TLD) Registry for the Subject 

Domain Name and Seller IDs who are provided with notice of an injunction issued by this Court

identify any e-mail address known to be associated with Defendants’ respective Subject Domain 

Name or Seller ID.

g. Entry of an Order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

this Court’s inherent authority that upon Plaintiffs’ request, any Internet marketplace website 

operators and/or administrators who are provided with notice of an injunction issued by this Court

permanently remove from the multiple platforms, which include, inter alia, a Direct platform, 

Group platform, Seller Product Management platform, Vendor Product Management platform, and 

Brand Registry platform, any and all listings and associated images of goods bearing counterfeits 

and/or infringements of Plaintiffs’ Marks via the e-commerce stores operating under the Seller 

IDs, including but not limited to the listings and associated images identified by the “parent” and/or 

“child” Amazon Standard Identification Numbers (“ASIN”) on Schedule “A” annexed hereto, and

upon Plaintiffs’ request, any other listings and images of goods bearing counterfeits and/or 

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infringements of Plaintiffs’ Marks associated with any ASIN linked to the same sellers or linked 

to any other alias seller identification names being used and/or controlled by Defendants to 

promote, offer for sale and/or sell goods bearing counterfeits and/or infringements of Plaintiffs’

Marks.

h. Entry of an Order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

this Court’s inherent authority that upon Plaintiffs’ request, Defendants and any Internet 

marketplace website operators and/or administrators who are provided with notice of an injunction

issued by this Court immediately cease fulfillment of and sequester all goods of each Defendant 

bearing one or more of Plaintiffs’ Marks in its inventory, possession, custody, or control, and 

surrender those goods to Plaintiffs. 

i. Entry of an Order requiring Defendants to account to and pay Plaintiffs for 

all profits and damages resulting from Defendants’ trademark counterfeiting and infringing and 

unfairly competitive activities and that the award to Plaintiffs be trebled, as provided for under 15 

U.S.C. §1117, or, at Plaintiffs’ election with respect to Count I, that Plaintiffs be awarded statutory 

damages from each Defendant in the amount of two million dollars ($2,000,000.00) per each 

counterfeit trademark used and product sold, as provided by 15 U.S.C. §1117(c)(2) of the Lanham 

Act.

j. Entry of an award pursuant to 15 U.S.C. § 1117 (a) and (b) of Plaintiffs’

costs and reasonable attorneys’ fees and investigative fees associated with bringing this action.

k. Entry of an Order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

this Court’s inherent authority that Defendants and any financial institutions, payment processors, 

banks, escrow services, money transmitters, or marketplace platforms, and their related companies 

and affiliates, identify and restrain all funds, up to and including the total amount of judgment, in 

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all financial accounts and/or sub-accounts used in connection with the Subject Domain Name and 

Seller IDs or other domain names, websites, alias seller identification names and/or e-commerce 

store names used by Defendants presently or in the future, as well as any other related accounts of 

the same customer(s) and any other accounts which transfer funds into the same financial 

institution account(s), to be surrendered to Plaintiffs in partial satisfaction of the monetary 

judgment entered herein.

l. Entry of an award of pre-judgment interest on the judgment amount.

m. Entry of an Order for any further relief as the Court may deem just and 

proper. 

DATED: May 19, 2020. Respectfully submitted,

STEPHEN M. GAFFIGAN, P.A.

By: s/Stephen M. Gaffigan

Stephen M. Gaffigan (Fla. Bar No. 025844)

Virgilio Gigante (Fla. Bar No. 082635)

T. Raquel Wiborg-Rodriguez (Fla. Bar. No. 103372)

401 East Las Olas Blvd., Suite 130-453

Ft. Lauderdale, Florida 33301

Telephone: (954) 767-4819

E-mail: Stephen@smgpa.net

E-mail: Leo@smgpa.net

E-mail: Raquel@smgpa.net

Attorneys for Plaintiffs

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SCHEDULE “A”

[This page is the subject of Plaintiffs’ Motion to File Under Seal. As such, this page has 

been redacted in accordance with L.R. 5.4(b)(1)]

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