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Case 0:18-cv-60221-RNS Document 1 Entered on FLSD Docket 02/01/2018 Page 1 of 31

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. APPLE CORPS LIMITED and SUBAFILMS LIMITED, Plaintiffs, vs. SHIRTSFORYOU.NET, B..F STORE, GOOD LUCK TO YOU, GREENMANGO STORE, HOOK ON YOU, JUNLIANQI STORE, LUCK FRIDAY STORE, LUCKYFRIDAY STORE, MILESTONE 2013, MOONPRINT, NOAHCOSY STORE, PEAR GARMENT STORE, UNCLE LOONG STORE, X. STORE, XINGQIWU STORE, ACE DIY, BRENDA HHH, HZJIUIYYH, KDTMK, OSKAY, RUI FENG CO LTD, TAOJING, ARLIANDO, BALADARON, BILIM1, DEALEXINAYASTORE, ELLA2015 a/k/a UPONSTYLE, GIRLBEE, GREGHARSON, IKA_LESTARI, MOCHISTORE88, ROSALIA_COLLECTIONS, SHIRTS FOR YOU a/k/a SHIRTS_FOR_YOU, UNIQUE WACKY NECKTIES, WATCHES, BACKPACKS FOR GEEKS NERDS COSPLAY MOVIEMANIACS a/k/a LILUNDER, UNIQUE_STYLE, ADITYO77 a/k/a ADITYSIMORANGKI0, BEAUTYANDLUCK, CAIXIAOYUNYUN, CUSTOMDROPSHIPPING, DAN_ONLINE226, FILYDONLINE, LETSTOYOUT, NIKITOS-1982 a/k/a ART AND COLLECTING, SHEVALUES, SPEDO202, TOPISEOOD, PRINTS4CUTEKIDS, ROCKSINS, EACH AN INDIVIDUAL, PARTNERSHIP OR UNINCORPORATED ASSOCIATION 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 in the caption, which are set forth on Schedule “A” hereto (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 the Internet website and various Internet based e-commerce stores operating under their domain name or seller identities set forth on Schedule “A” hereto (collectively, 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, 1125(a), and 1125(d), 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. § 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 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

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within this district by advertising, offering to sell, and selling infringing products to consumers in Florida. 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 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 18 and 27 below and identified in Schedules “B” and “C” hereto. 7.

Plaintiffs’ trademarked goods are sold within the State of Florida, including this

district. Defendants, through the sale and offer to sell counterfeit and infringing versions of

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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. The natural and intended byproduct of Defendants’ actions is the erosion and destruction of the goodwill associated with Plaintiffs’ respective famous names and trademarks and the destruction of the legitimate market sector in which they operate. 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 expansion of counterfeiting on the World Wide Web 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. 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 with lax trademark enforcement systems or redistribute products from the same or similar sources in those locations. Defendants have the capacity to be sued pursuant to Federal Rule of Civil Procedure 17(b). Defendants target their business activities toward consumers throughout the United States, including within this district, and conduct pervasive business through the operation of, at least, the fully interactive commercial Internet website existing under the Subject Domain Name or via the

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Internet based marketplace websites, AliEpress.com, Amazon.com, Bonanza.com, eBay.com, and Etsy.com, under the Seller IDs. 11.

Upon information and belief, Defendants use aliases in conjunction with the

operation of their business including but not limited to those identified by the same Defendant Number on Schedule “A” hereto. 12.

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

bearing counterfeits and infringements of Plaintiffs’ individual trademarks as described herein using at least the Subject Domain Name and Seller IDs. 13.

Upon information and belief, 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 within the United States and this district through the Internet website and Internet based e-commerce stores operating under, at least, the Subject Domain Name and Seller IDs, and additional domain names 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. 14.

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

Domain Name and Seller IDs, and the website and e-commerce stores operating thereunder. 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 their various registrars and/or to the Internet based e-commerce 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, Defendants have

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anonymously registered and maintained the Subject Domain Name and Seller IDs for the sole purpose of engaging in illegal counterfeiting activities. 15.

Upon information and belief, Defendants will 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 Plaintiffs’ trademarks unless preliminarily and permanently enjoined. 16.

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

rights of Plaintiffs. 17.

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 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 brand 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 value of the Subject Domain Name and Seller IDs and decreasing the size and value of Plaintiffs’ legitimate marketplace at Plaintiffs’ expense. COMMON FACTUAL ALLEGATIONS Apple Corp’s Business and Trademark Rights 18.

Apple Corps is the owner of all rights in and to the trademarks identified on

Schedule “B” hereto (collectively, the “BEATLES Marks”), which are valid and registered on the Principal Register of the United States Patent and Trademark Office. The BEATLES Marks are used in connection with the manufacture and distribution of quality goods in the classes also

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identified on Schedule “B.” True and correct copies of the Certificates of Registration for the BEATLES Marks are attached hereto as Composite Exhibit “1.” 19.

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. 20.

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

enormous goodwill and have never been abandoned. 21.

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

have expended substantial time, money and other 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). 22.

Further, Apple Corps and its licensees have extensively used, advertised, and

promoted 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 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. 23.

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

and the enormous sales of goods bearing 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

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sold under the BEATLES Marks as being quality merchandise sponsored and approved by Apple Corps. 24.

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. 25.

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

and has never assigned or licensed the BEATLES Marks to any of the Defendants in this matter. 26.

Genuine goods bearing 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 27.

Subafilms is the owner of all rights in and to the trademark identified on Schedule

“C” hereto (collectively, the “YELLOW SUBMARINE Mark”), which is valid and registered on the Principal Register of the United States Patent and Trademark Office. The YELLOW SUBMARINE Mark is used in connection with the manufacture and distribution of quality goods in the classes also identified on Schedule “C.” A true and correct copy of the Certificate of Registration for the YELLOW SUBMARINE Mark is attached hereto as Composite Exhibit “2.”

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28.

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. 29.

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

and enormous goodwill and has never been abandoned. 30.

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

licensees have expended significant resources in 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). 31.

Further, Subafilms and its licensees have extensively used, advertised, and

promoted the YELLOW SUBMARINE Mark in the United States in association with the sale of quality goods. Subafilms and its licensees have expended significant resources promoting the YELLOW SUBMARINE Mark and products bearing 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. In the last few years alone, Subafilms has experienced substantial sales of its high quality goods. 32.

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.

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33.

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 high quality goods. 34.

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. 35.

Genuine goods bearing 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. Defendants’ Infringing Activities 36.

Upon information and belief, Defendants are promoting and advertising,

distributing, selling, and/or offering for sale goods, including bed linen, such as pillowcases, apparel for men, women, and toddlers, such as tank tops, t-shirts, jackets, hats, shoes, and onesies, cases for mobile telephones, pendants, backpacks, and doormats, in interstate commerce bearing counterfeit and infringing trademarks that are exact copies of the BEATLES Marks and/or YELLOW SUBMARINE Mark (the “Counterfeit Goods”) through at least the Internet website and Internet based e-commerce stores operating under the Subject Domain Name and Seller IDs. Specifically, Defendants are using identical copies of the BEATLES Marks and/or YELLOW

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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. 37.

Defendants’ Counterfeit Goods are of a quality substantially and materially

different than that of Plaintiffs’ respective, genuine goods. Defendants, upon information and belief, 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 will cause confusion of consumers, at the time of initial interest, sale, and in the post-sale setting, who will believe Defendants’ Counterfeit Goods are genuine goods originating from, associated with, and approved by Plaintiffs. 38.

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

an Internet website and e-commerce stores operating under at least the Subject Domain Name and Seller IDs. In so advertising these goods, Defendants improperly and unlawfully use Plaintiffs’ Marks without Plaintiffs’ permission. The misappropriation of Plaintiffs’ advertising ideas in the form of Plaintiffs’ Marks is the proximate cause of damage to Plaintiffs. 39.

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

upon information and belief, all employing and benefitting from substantially similar 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 website and e-commerce stores selling illegal goods appear more relevant and attractive to consumers online. By their actions, Defendants have created

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an illegal marketplace operating in parallel to the legitimate marketplace for Plaintiffs’ respective genuine goods. Defendants are causing 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. 40.

Upon information and belief, Defendants are concurrently targeting their

counterfeiting and infringing activities toward consumers and causing 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. 41.

Upon information and belief, 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. 42.

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

reproduction, distribution, sale and offering for sale of their Counterfeit Goods, is without Plaintiffs’ consent or authorization. 43.

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.

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44.

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

deception, and mistake in the minds of consumers, the public, and the trade 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. 45.

Upon information and belief, Defendants’ payment and financial accounts 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 and alias seller identification names being used and/or controlled by them. 46.

Further, upon information and belief, Defendants are likely to transfer or secret

their assets to avoid payment of any monetary judgment awarded to Plaintiffs. 47.

Plaintiffs have no adequate remedy at law.

48.

Plaintiffs are suffering irreparable and indivisible injury and have suffered

substantial damages as a result of Defendants’ unauthorized and wrongful use of Plaintiffs Marks. If Defendants’ 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. 49.

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.

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COUNT I - TRADEMARK COUNTERFEITING AND INFRINGEMENT PURSUANT TO § 32 OF THE LANHAM ACT (15 U.S.C. § 1114) 50.

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

through 49 above. 51.

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. 52.

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

distributing goods 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 them to advertise, promote and sell counterfeit and infringing goods. 53.

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. 54.

Defendants’ unlawful actions have caused and are continuing to cause

unquantifiable damages to Plaintiffs and are unjustly enriching Defendants with profits at Plaintiffs’ expense. 55.

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. 56.

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.

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COUNT II - FALSE DESIGNATION OF ORIGIN PURSUANT TO § 43(a) OF THE LANHAM ACT (15 U.S.C. § 1125(a)) 57.



Upon information and belief, Defendants’ Counterfeit Goods bearing, offered for

sale and sold using copies of at least one of Plaintiffs’ Marks have been widely advertised, offered for sale, and distributed throughout the United States via at least Internet marketplace websites. 59.

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. 60.

Defendants, upon information and belief, 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 Plaintiffs’ detriment. 61.

Defendants have authorized infringing uses of at least one 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. 62.

Additionally, Defendants are using counterfeits and infringements of Plaintiffs’

Marks in order to unfairly compete with Plaintiffs and others for space within search engine organic results, thereby depriving Plaintiffs of a valuable marketing and educational tool which

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would otherwise be available to Plaintiffs and reducing the visibility of Plaintiffs’ respective, genuine goods on the World Wide Web. 63.

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

Lanham Act, 15 U.S.C. §1125(a). 64.

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. 65.



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

distribution, sale and/or offering for sale of goods bearing marks that are virtually identical, both visually and phonetically, to Plaintiffs’ Marks in violation of Florida’s common law of unfair competition. 67.

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

distributing goods bearing counterfeits and infringements of one or more of Plaintiffs’ Marks. Defendants are also using counterfeits and infringements of Plaintiffs’ Marks to unfairly compete with Plaintiffs and others for (1) space in search engine results across an array of search terms and (2) visibility on the World Wide Web. 68.

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.

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69.

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 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 of Plaintiffs’ Marks. Plaintiffs are the respective owners of all common law rights in and to Plaintiffs’ Marks. 72.

Specifically, Defendants, upon information and belief, are manufacturing,

promoting, and otherwise advertising, distributing, offering for sale, and selling goods bearing infringements of at least one of Plaintiffs’ Marks. 73.

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. 74.

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

irreparable injury as a result of Defendants’ actions. PRAYER FOR RELIEF 75.

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,

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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 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 an Order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, that,

upon Plaintiffs’ request, the top level domain (TLD) Registry for the Subject Domain Name or its administrator, including backend registry operators or administrators, place the Subject Domain Name on Registry Hold status for the remainder of the registration period, thus removing it from

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the TLD zone files which link the Subject Domain Name to the IP address where the associated website is hosted. c.

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

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, and requiring the Seller IDs, and any other alias seller identification names being used by Defendants to engage in the business of marketing, offering to sell and/or selling goods bearing counterfeits and infringements of Plaintiffs’ Marks be disabled by the applicable governing Internet marketplace. d.

Entry of an Order 28 U.S.C. § 1651(a), The All Writs Act, that, upon

Plaintiffs’ request, any Internet marketplace website operators and/or administrators who are provided with notice of the injunction, including but not limited to Alibaba.com Hong Kong Limited, which operates the AliExpress.com platform, Amazon.com, Inc., Bonanza.com, Inc., eBay.com and Etsy.com, permanently remove 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 any and all listings and images of goods bearing counterfeits and/or infringements of Plaintiffs’ Marks linked to the same seller or linked to any other alias seller identification name being used and/or controlled by Defendants to promote, offer for sale and/or sell goods bearing counterfeits and/or infringements of Plaintiffs’ Marks linked to the same seller or linked to any other alias seller identification name being used and/or controlled by Defendants to promote, offer for sale and/or sell goods bearing counterfeits and/or infringements of Plaintiffs’ Marks.

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e.


Plaintiffs’ request, any Internet marketplace website operators and/or administrators who are provided with notice of the injunction, including but not limited to Alibaba.com Hong Kong Limited, which operates the AliExpress.com platform, Amazon.com, Inc., Bonanza.com, Inc., eBay.com and Etsy.com, 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. f.

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. g.

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. h.


Plaintiffs’ request, any financial institutions, payment processors, banks, escrow services, money transmitters, or marketplace platforms, including but not limited to, Alibaba.com Hong Kong Limited, Zhejiang Ant Small and Micro Financial Services Group Co., Ltd., AliPay (China) Internet Technology Co. Ltd., and Alipay.com Co., Ltd., Amazon Payments, Inc., PayPal, Inc., and their related companies and affiliates, identify and restrain all funds, up to and including the total amount of judgment, in all financial accounts and/or sub-accounts used in connection with

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the Subject Domain Name and Seller IDs or other domain names, alias seller identification names, 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. i.

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

j.

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

proper. DATED: February 1, 2018.

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 Facsimile: (954) 767-4821 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiffs

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SCHEDULE “A” DEFENDANTS BY NUMBER, SUBJECT DOMAIN NAME, AND SELLER ID Def. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 27 28 29 30 31 32 33 33 34 34 35 36

Defendant / Subject Domain Name or Seller ID shirtsforyou.net B..F Store Good luck to you GreenMango Store HOOK ON YOU Junlianqi Store LUCK FRIDAY Store LUCKYFRIDAY Store Milestone 2013 Moonprint NOAHCOSY Store PEAR GARMENT Store uncle Loong Store X. Store xingqiwu Store Ace DIY Brenda HHH hzjiuiyyh KDTMK Oskay Rui Feng Co Ltd taojing Arliando BaladAron BiliM1 dealexinayastore ella2015 uponstyle girlbee gregharson ika_lestari mochistore88 Rosalia_Collections Shirts For You Shirts_For_You Unique wacky neckties, watches, backpacks for geeks nerds cosplay moviemaniacs lilunder unique_style adityo77

22

Amazon Seller ID Number

A3BIY06C7QB8XW AAWBZIY68PL3P A1MMSOWUY80BVV A6VUGP0RUY3RC ADA168YTKF44Y A95XNZJ3JW38I A3BLD21B3DCW1H


36 37 38 39 40 41 42 43 43 44 45 46 47 48

aditysimorangki0 beautyandluck caixiaoyunyun customdropshipping dan_online226 filydonline letstoyout nikitos-1982 Art and collecting shevalues spedo202 topiseood Prints4CuteKids RockSins

23


SCHEDULE “B” PLAINTIFF APPLE CORPS’ FEDERALLY REGISTERED TRADEMARKS

Trademark

THE BEATLES

Registration Number

1,752,120

Registration Date

Class(es) / Good(s)

IC 025 - Clothing for men, women and children; namely, aprons, bath robes, bathing trunks, swimsuits, swimsuit covers, belts, coats, dresses, February 16, 1993 smocks, skirts, headwear, jackets, jumpers, jerseys, pullovers, sweaters, sweatshirts, t-shirts, shirts, blouses, underwear, pajamas, nightgowns, socks, trousers, dungarees, jeans, tank tops and sun-tops.

24


Trademark

BEATLES

Registration Number

4,373,956

Registration Date

Class(es) / Good(s)

July 30, 2013

IC 009 – Snorkels, goggles, and masks for swimming; sandglass egg timers; downloadable electronic magazine featuring articles, quizzes, competitions, games, photographs, animation and video stills in the field of music and musical entertainment; exposed cinematographic and photographic film; photographic and cinematographic apparatus and instruments, namely, cinematographic film projectors, cinematographic film projection screens, photographic slide projection screens, apparatus for recording, transmission or reproduction of sound or images, namely, cd players; digital audio tape players; blank magnetic data carriers, blank floppy and hard recording computer discs; automatic vending machines; cash registers, calculators, data processors and computer hardware; musical sound and video recordings; motion picture films featuring music, musicians, caricatures, cartoons, animation, documentaries, biographies, interviews of individuals in the music and movie industry, fan interviews, movie and music reviews, drama and fiction; computer software, including virtual reality software, for use in entertainment, namely, for storing, displaying or playing music, images, animation, information in the field of music, games, and quiz games; computer software, including virtual reality software, that may be downloaded from a global computer network for storing, displaying or playing sound, music, images, digital books, magazines, games, ring tones, and screen savers, all in the field of musical sound and video recordings; computer software, including virtual reality software, that may be downloaded from a global computer network in the nature of applications for entertainment or learning, namely, software for displaying or playing music or images in the field of musical sound and video recordings; computer recording software for recording musical sounds and video images; computer game software; video game software; interactive entertainment software, including virtual reality software, for displaying or playing sound, music, images, digital books, magazines, games, ring tones, and screen savers; interactive entertainment software, namely,

25


Trademark

Registration Number

Registration Date

Class(es) / Good(s) computer game software featuring music and images; educational software featuring instruction in music; video game cartridges and discs; interactive compact discs featuring music, musicians, caricatures, cartoons, animation, documentaries, biographies, interviews of individuals in the music and movie industry, fan interviews, movie and music reviews, drama and fiction; cd-roms featuring music, musicians, caricatures, cartoons, animation, documentaries, biographies, interviews of individuals in the music and movie industry, fan interviews, movie and music reviews, drama and fiction; magnetically encoded pre-paid telephone calling cards; sunglasses; decorative refrigerator magnets; photographic slide transparencies; digital photo frames for displaying digital photographic slide transparencies; radios; cases specially adapted for storing audio and video cassettes, computer discs, computer cartridges and computer cards; computer software featuring video games; racks specially adapted to hold video and audio cassettes, computer discs, cartridges and cards and computer game software; electrical apparatus for generating, processing and reproducing images, namely, portable music tape players, compact disc and digital audio players, portable personal digital video players, portable personal video disc players, and audio-visual musical juke boxes; computer keyboard accessories, namely, mouse pads and wrist rests in the form of pads for use with computers; neon signs; phonograph records featuring music, gramophone records featuring music; pre-recorded audio cassettes featuring music; audio compact discs featuring music; prerecorded digital audio tapes featuring music; downloadable audio and video recordings featuring music; prerecorded digital versatile compact discs, video cassettes, video discs, interactive compact discs, and multimedia computer software recorded on cd-roms featuring music, films of musicians, caricatures, cartoons or animation; blank recordable audio cassettes, video cassettes, compact discs and video discs; blank discs for computers; computer game cartridges; computer game discs; video game cartridges; video game discs;

26


Trademark

Registration Number

Registration Date

Class(es) / Good(s) computer software for use in creating virtual reality images for entertainment and educational purposes; virtual reality entertainment software for displaying or playing computer games, music, sound, images, and graphics; interactive virtual reality video game software; memory devices for computer game equipment, namely, disc memories, memory cards, secure digital memory cards, flash memory cards, and memories for use with computers in the form of tapes and cassettes, and computer chips; coin or token operated computer game equipment, namely, computer game discs; musical juke boxes; eyeglass cases; sunglass and eyeglass cords; computer mice and computer roller balls, namely, trackballs; radio receivers; video cassette recorders and players; audio cassette recorders and players; gramophone players; audio compact disc players; digital versatile compact disc players; video disc players; loudspeakers; photographic cameras; luminous signs; electric door bells; 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 electro-mechanical 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; and skateboard helmets. 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, 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;

27


Trademark

Registration Number

Registration Date

Class(es) / Good(s) 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 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 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; 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; pre-cut textiles for making into cushions and cushion covers; traced cloths for embroidery.

28


Trademark

Registration Number

Registration Date

Class(es) / Good(s)

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. IC 027 - Carpets; rugs; linoleum for use on floors; wall hangings not of textile; reed mats; rubber and plastic bath mats; door mats; textile floor mats for use in the home.

29


SCHEDULE “C” PLAINTIFF SUBAFILMS’ FEDERALLY REGISTERED TRADEMARK

Trademark

Registration Registration Date Number

3,328,170

Class(es) / Good(s)

IC 009 - Musical sound and video recordings; gramophone records featuring music; pre-recorded audio cassettes featuring music; audio compact discs featuring music; pre-recorded digital versatile discs featuring music; pre-recorded video cassettes featuring music musicians, caricatures, cartoons or animation; video discs featuring music, musicians, caricatures, cartoons or animation; motion picture films featuring music, musicians, caricatures, cartoons or animation; prerecorded interactive compact discs featuring music, musicians, caricatures, cartoons or animation; multimedia software recorded on cd-roms featuring music, musicians, caricatures, cartoons or animation; blank recordable audio cassettes, video cassettes, compact discs and video discs; blank discs for computers; exposed photographic films; photographic slide transparencies; computer game software; computer game cartridges; computer game discs; video game software; video November 6, 2007 game cartridges; video game discs; computer software for use in creating images; interactive entertainment software for generating games, puzzles, images, musical entertainment, visual entertainment or movie clips; virtual reality entertainment software for generating games, puzzles, images, musical entertainment, visual entertainment or movie clips; interactive video games of virtual reality comprised of computer hardware or computer software; computer game joysticks; video game machines for use with televisions or computers; virtual reality display apparatus, namely, computer hardware and software for generating images in virtual reality· virtual reality cinemas and screens; motion simulators for simulating the motion of a vehicle, ship; automatic vending machines; cash registers; computers; calculators; data processors; juice boxes; magnetically encoded telephone cards; sunglasses; eyeglass cases; sunglass and eyeglass cords; magnets; fridge magnets; frames for photographic transparencies in the nature of holders

30


Trademark

Registration Registration Date Number

Class(es) / Good(s) that enable a slide to be viewed in a slide viewer; computer mouses and computer roller balls; mouse pads and wrist pads, all being accessories for keyboards; radio receners; video cassette recorders and players; audio cassette recorders and players; gramophone players; audio compact disc players; digital versatile disc players; video disc players; loudspeakers; photographic cameras; luminous signs; electric door bells; telephone apparatus, namely telephones, telephone receners, telephone answering machines, mobile telephones, cases for mobile telephones and covers for mobile telephones; straps for mobile telephones; telephone call indicator lights and shakers for detecting and signaling incoming telephone calls; mechanical and electric egg timers; boxes and cases for holding audio cassettes, video cassettes, gramophone records, audio compact discs, audio mini discs, video discs, interactive compact discs or cd-roms; skateboard helmets; and downloadable sound and video records featuring music, musicians, caricatures, cartoons, animation, movie clips, album art or music memorabilia images provided over broadcast, communications, satellite and computer networks; egg timers, namely, sandglasses. IC 025 - Footwear; shirts; polo shirts; t-shirts; longsleeved shirts and long-sleeved t-shirts; sweatshirts; jackets; coats; pullovers; vests; articles of underclothing; shorts; boxers shorts; scarves; silk scarves; silk squares for wearing over the head or around the neck; pocket squares made of silk; neckties; hats; caps; suspenders; belts; sock; pants; fleece tops; thermal tops; jerseys; baseball jerseys; hockey jerseys; sweaters; tank tops; waistcoats; trousers; golf shirts; golf pants; golf shoes; swimwear; beachwear; night gowns; pajamas; dressing gowns; bath robes; bathing caps; headbands; slippers; beach shoes; sandals; clothing for toddlers, infants and babies namely, one piece garments for infants and toddlers, sleep suits, hooded tops, t-shirts and long-sleeved t-shirts; cloth babies bibs.

31

Case 0:18-cv-60221-RNS Document 1-1 Entered on FLSD Docket 02/01/2018 Page 1 of 12

Composite Exhibit 1




BEATLES

Reg. No. 4,373,956 Registered July 30, 2013 Int. Cls.: 4, 8, 9, 11, 14, 15, 16, 18, 20, 21, 24, 25, 27 28 34 41 and 42 '

'

'

TRADEMARK

APPLE CORPS LIMITED (UNITED KINGDOM LIMITED COMPANY) 27 OVINGTON SQUARE LONDON, UNITED KINGDOM SW3 ILJ FOR:CANDLES;NON-ELECTRICNIGHTLIGHTS,NAMELY,SLOWBURNINGCANDLEs CONTAINED WITHIN A DISH; CANDLE AND OIL LAMP WICKS; FUELS FOR OIL AND PARAFFIN LAMPS, NAMELY, LAMP OIL AND PARAFFIN, IN CLASS 4 (U.S. CLS. 1, 6 AND 15). FOR: SMALL DOMESTIC TABLEWARE UTENSILS, NAMELY, FORKS, KNIVES AND SPOONS, IN CLASS 8 (U.S. CLS. 23, 28 AND 44).

SERVICE MARK FOR: SNORKELS, GOGGLES, AND MASKS FOR SWIMMING; SANDGLASS EGG TIMERS; DOWNLOADABLE ELECTRONIC MAGAZINE FEATURING ARTICLES, QUIZZES, COMPETITIONS, GAMES, PHOTOGRAPHS, ANIMATION AND VIDEO STILLS IN THE FIELD OF MUSIC AND MUSICAL ENTERTAINMENT; EXPOSED CINEMATOGRAPHIC AND PHOTOGRAPHIC FILM; PHOTOGRAPHIC AND CINEMATOGRAPHIC APPARATUS AND INSTRUMENTS, NAMELY, CINEMATOGRAPHIC FILM PROJECTORS, CINEMATOGRAPHIC FILM PROJECTION SCREENS, PHOTOGRAPHIC SLIDE PROJECTION SCREENS, APPARATUS FOR RECORDING, TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGES, NAMELY, CD PLAYERS; DIGITAL AUDIO TAPE PLAYERS; BLANK MAGNETIC DATA CARRIERS, BLANK FLOPPY AND HARD RECORDING COMPUTER DISCS; AUTOMATIC VENDING MACHINES; CASH REGISTERS, CALCULATORS, DATA PROCESSORS AND COMPUTER HARDWARE; MUSICAL SOUND AND VIDEO RECORDINGS; MOTION PICTURE FILMS FEATURING MUSIC, MUSICIANS, CARICATURES, CARTOONS,ANIMATION, DOCUMENTARIES, BIOGRAPHIES, INTERVIEWS OF INDIVIDUALS IN THE MUSIC AND MOVIE INDUSTRY, FAN INTERVIEWS, MOVIE AND MUSIC REVIEWS, DRAMA AND FICTION; COMPUTER SOFTWARE, INCLUDING VIRTUAL REALITY SOFTWARE, FOR USE IN ENTERTAINMENT, NAMELY, FOR STORING, DISPLAYING OR PLAYING MUSIC, IMAGES, ANIMATION, INFORMATION IN THE FIELD OF MUSIC, GAMES, AND QUIZ GAMES; COMPUTER SOFTWARE, INCLUDING VIRTUAL REALITY SOFTWARE, THAT MAY BE DOWNLOADED FROM A GLOBAL COMPUTER NETWORK FOR STORING, DISPLAYING OR PLAYING SOUND, MUSIC, IMAGES, DIGITAL BOOKS, MAGAZINES, GAMES, RING TONES, AND SCREEN SAVERS, ALL IN THE FIELD OF MUSICAL SOUND AND VIDEO RECORDINGS; COMPUTER SOFTWARE, INCLUDING VIRTUAL REALITY SOFTWARE, THAT MAY BE DOWNLOADED FROM A GLOBAL COMPUTER NETWORK IN THE NATURE OF APPLICATIONS FOR ENTERTAINMENT OR LEARNING, NAMELY, SOFTWARE FOR DISPLAYING OR PLAYING MUSIC OR IMAGES IN THE FIELD OF MUSICAL SOUND AND VIDEO RECORDINGS; COMPUTER RECORDING SOFTWARE FOR RECORDING MUSICAL SOUNDS AND VIDEO IMAGES; COMPUTER GAME SOFTWARE; VIDEO GAME SOFTWARE; INTERACTIVE ENTERTAINMENT SOFTWARE, INCLUDING _,,d ' VIRTUAL REALITY SOFTWARE, FOR DISPLAYING OR PLAYING SOUND, MUSIC, IM...-e~ 'to?--<' 7~ AGES, DIGITAL BOOKS, MAGAZINES, GAMES, RING TONES, AND SCREEN SAVERS; ActingDrredo,oftheUnitedstat.. PatentandTrndema
PRINCIPAL REGISTER

~

FEATURING MUSIC AND IMAGES; EDUCATIONAL SOFTWARE FEATURING INSTRUC-


Reg. No. 4 373 956 '

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TION IN MUSIC; VIDEO GAME CARTRIDGES AND DISCS; INTERACTIVE COMPACT DISCS FEATURING MUSIC, MUSICIANS, CARICATURES, CARTOONS, ANIMATION, DOCUMENTARIES, BIOGRAPHIES, INTERVIEWS OF INDIVIDUALS IN THE MUSIC AND MOVIE INDUSTRY, FAN INTERVIEWS, MOVIE AND MUSIC REVIEWS, DRAMA AND FICTION; CD-ROMS FEATURING MUSIC, MUSICIANS, CARICATURES, CARTOONS, ANIMATION, DOCUMENTARIES, BIOGRAPHIES, INTERVIEWS OF INDIVIDUALS IN THE MUSIC AND MOVIE INDUSTRY, FAN INTERVIEWS, MOVIE AND MUSIC REVIEWS, DRAMA AND FICTION; MAGNETICALLY ENCODED PRE-PAID TELEPHONE CALLING CARDS; SUNGLASSES; DECORATIVE REFRIGERATOR MAGNETS; PHOTOGRAPHIC SLIDE TRANSPARENCIES; DIGITAL PHOTO FRAMES FOR DISPLAYING DIGITAL PHOTOGRAPHIC SLIDE TRANSPARENCIES; RADIOS; CASES SPECIALLY ADAPTED FOR STORING AUDIO AND VIDEO CASSETTES, COMPUTER DISCS, COMPUTER CARTRIDGES AND COMPUTER CARDS; COMPUTER SOFTWARE FEATURING VIDEO GAMES; RACKS SPECIALLY ADAPTED TO HOLD VIDEO AND AUDIO CASSETTES, COMPUTER DISCS, CARTRIDGES AND CARDS AND COMPUTER GAME SOFTWARE; ELECTRICAL APPARATUS FOR GENERATING, PROCESSING AND REPRODUCING IMAGES, NAMELY, PORTABLE MUSIC TAPE PLAYERS, COMPACT DISC AND DIGITAL AUDIO PLAYERS, PORTABLE PERSONAL DIGITAL VIDEO PLAYERS, PORTABLE PERSONAL VIDEO DISC PLAYERS, AND AUDIO-VISUAL MUSICAL JUKE BOXES; COMPUTER KEYBOARD ACCESSORIES, NAMELY, MOUSE PADS AND WRIST RESTS IN THE FORM OF PADS FOR USE WITH COMPUTERS; NEON SIGNS; PHONOGRAPH RECORDS FEATURING MUSIC, GRAMOPHONE RECORDS FEATURING MUSIC; PRE-RECORDED AUDIO CASSETTES FEATURING MUSIC; AUDIO COMPACT DISCS FEATURING MUSIC; PRE-RECORDED DIGITAL AUDIO TAPES FEATURING MUSIC; DOWNLOADABLE AUDIO AND VIDEO RECORDINGS FEATURING MUSIC; PRERECORDED DIGITAL VERSATILE COMPACT DISCS, VIDEO CASSETTES, VIDEO DISCS, INTERACTIVE COMPACT DISCS, AND MULTIMEDIA COMPUTER SOFTWARE RECORDED ON CD-ROMS FEATURING MUSIC, FILMS OF MUSICIANS, CARICATURES, CARTOONS OR ANIMATION; BLANK RECORDABLE AUDIO CASSETTES, VIDEO CASSETTES, COMPACT DISCS AND VIDEO DISCS; BLANK DISCS FOR COMPUTERS; COMPUTER GAME CARTRIDGES; COMPUTER GAME DISCS; VIDEO GAME CARTRIDGES; VIDEO GAME DISCS; COMPUTER SOFTWARE FOR USE IN CREATING VIRTUAL REALITY IMAGES FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES; VIRTUAL REALITY ENTERTAINMENT SOFTWARE FOR DISPLAYING OR PLAYING COMPUTER GAMES, MUSIC, SOUND, IMAGES, AND GRAPHICS; INTERACTIVE VIRTUAL REALITY VIDEO GAME SOFTWARE; MEMORY DEVICES FOR COMPUTER GAME EQUIPMENT, NAMELY, DISC MEMORIES, MEMORY CARDS, SECURE DIGITAL MEMORY CARDS, FLASH MEMORY CARDS, AND MEMORIES FOR USE WITH COMPUTERS IN THE FORM OF TAPES AND CASSETTES, AND COMPUTER CHIPS; COIN OR TOKEN OPERATED COMPUTER GAME EQUIPMENT, NAMELY, COMPUTER GAME DISCS; MUSICAL JUKE BOXES; EYEGLASS CASES; SUNGLASS AND EYEGLASS CORDS; COMPUTER MICE AND COMPUTER ROLLER BALLS, NAMELY, TRACKBALLS; RADIO RECEIVERS; VIDEO CASSETTE RECORDERS AND PLAYERS; AUDIO CASSETTE RECORDERS AND PLAYERS; GRAMOPHONE PLAYERS; AUDIO COMPACT DISC PLAYERS; DIGITAL VERSATILE COMPACT DISC PLAYERS; VIDEO DISC PLAYERS; LOUDSPEAKERS; PHOTOGRAPHIC CAMERAS; LUMINOUS SIGNS; ELECTRIC DOOR BELLS; 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 ELECTRO-MECHANICAL 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; AND SKATEBOARD HELMETS, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36AND 38).

Page: 2 I RN# 4,373,956


Reg. NO. 4 373 956 '

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FOR: LAMP BASES OF GLASS, PORCELAIN AND EARTHENWARE; LAMPS, INCLUDING, TABLE LAMPS MADE FROM PORCELAIN, GLASS, EARTHENWARE, PLASTER, PLASTIC, WOOD, WAX, RESIN, CORK, REED, CANE, WICKER, HORN, BONE, IVORY, WHALEBONE, SHELL, AMBER, MOTHER OF PEARL, MEERSCHAUM AND SUBSTITUTES FOR THESE MATERIALS; DECORATIVE WATER FOUNTAINS MADE FROM PORCELAIN, GLASS, EARTHENWARE, PLASTER, PLASTIC, WOOD, WAX, RESIN, CORK, REED, CANE, WICKER, HORN, BONE, IVORY, WHALEBONE, SHELL, AMBER, MOTHER OF PEARL, MEERSCHAUM AND SUBSTITUTES FOR THESE MATERIALS , IN CLASS 11 (U.S. CLS. 13, 21, 23, 31AND34). FOR: 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, 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, IN CLASS 14 (U.S. CLS. 2, 27, 28 AND 50). FOR: MUSICAL INSTRUMENTS, MUSICAL BOXES, BARREL ORGANS, PERFORATED MUSIC ROLLS FOR PLAYER PIANOS, IN CLASS 15 (U.S. CLS. 2, 21 AND 36). FOR: ARTICLES OF PRECIOUS METAL AND THEIR ALLOYS, AND ARTICLES COATED WITH PRECIOUS METAL AND THEIR ALLOYS, NAMELY, MONEY CLIPS; NON-METAL MONEY CLIPS; BOOKENDS, INCLUDING BOOKENDS MADE FROM GLASS, PORCELAIN, EARTHENWARE, PLASTER, PLASTIC, WOOD, WAX, RESIN, CORK, REED, CANE, WICKER, HORN, BONE, IVORY, WHALEBONE, SHELL, AMBER, MOTHER OF PEARL, MEERSCHAUM AND SUBSTITUTES FOR THESE MATERIALS; 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 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 INTHE NATURE OF DOCUMENTFILES; FOLDERS; PERSONAL

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Reg. NO. 4 373 956 '

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ORGANIZERS; COVERS FOR BOOKS AND FOR PERSONAL ORGANIZERS; PAPER TABLE CLOTHS; PRINTED SHEET MUSIC; PRINTED PAPER PUBLICATIONS IN THE NATURE OFMAGAZINES,ACTIVITYBOOKS,ANDCOLORINGBOOKSONTHESUBJECTMATTER 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 NON-POSTAGE COMMEMORATIVE STAMPS; RUBBER STAMPS; PROTECTIVE COVERS FOR BOOKS AND PERSONAL ORGANIZERS FOR STATIONERY USE; 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, IN CLASS 16 (U.S. CLS. 2, 5, 22, 23, 29, 37, 38 AND 50). FOR: 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, ATTACHE 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 LEATHERAND IMITATIONS OF LEATHER, IN CLASS 18 (U.S. CLS. 1, 2, 3, 22AND 41). FOR: FRAMES FOR PHOTOGRAPHIC SLIDE TRANSPARENCIES; PICTURE FRAMES AND PHOTOGRAPH FRAMES MADE OF, OR COATED WITH, PRECIOUS METAL OR PRECIOUS STONE; NON-METAL TRAIN AND BUS TRAVEL TICKET HOLDERS OF LEATHER AND IMITATIONLEATHER;PORCELAINDOORKNOBS;EARTHENWAREDOORKNOBS;WALL PLAQUES OF PLASTIC AND WOOD; WIND CHIMES; MONEY BOXES NOT OF METAL; WOOD, PLASTIC OR RESIN CONTAINERS FOR COMMERCIAL USE; FURNITURE; FURNITURE MIRRORS, NAMELY, MIRRORS FOR HANGING, PROP-UP MIRRORS AND FULLLENGTH MIRRORS; HAND-HELD MIRRORS, INCLUDING SHAVING MIRRORS AND POCKET MIRRORS; MIRROR TILES; PICTURE FRAMES; PHOTOGRAPH FRAMES; CUSHIONS; PILLOWS; ORNAMENTS, STATUETTES, FIGURINES, TRINKET BOXES AND LAMPS BASES MADE FROM PLASTIC, WOOD, WAX, RESIN, CORK, REED, CANE, WICKER, HORN, IVORY, WHALEBONE, SHELL, AMBER, MOTHER-OF-PEARL, MEERSCHAUM AND SUBSTITUTES FOR THESE MATERIALS; PLAQUES OF BONE, IVORY, PLASTIC, RESIN, WAX AND WOOD; STORAGE RACKS; KEY RINGS, KEY FOBS AND KEY CHAINS, NOT OF METAL; WOOD BOXES; SIGNBOARDS MADE OF WOOD, PLASTIC OR RESIN; NAME PLATES NOT OF METAL; NON-METAL KEY HOLDERS; BOTTLE

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cLosuREsNmoFMETAL;coATHooKsNmoFMETAL;INDooRBLINDsoFwooD, REED, BAMBOO, BEADS OR PLASTIC; NON-ELECTRIC FANS FOR PERSONAL USE; FIRE SCREENS FOR DOMESTIC USE; FOOTSTOOLS; INFLATABLE FURNITURE; INFLATABLE CHAIRS; LETTER BOXES NOT OF METAL; INTERIOR WINDOW BLINDS OF TEXTILE; DISPLAY BOARDS, IN CLASS 20 (U.S. CLS. 2, 13, 22, 25, 32 AND 50). FOR: LEATHER OR IMITATION LEATHER COASTERS; ARTICLES OF PRECIOUS METAL AND THEIR ALLOYS, AND ARTICLES COATED WITH PRECIOUS METAL AND THEIR ALLOYS, NAMELY, SERVING TRAYS; DECORATIVE PLATES AND DISHES, COMMEMORATIVE PLATES, GOBLETS, AND NAPKIN RINGS; DRINKING STRAWS; ALL PURPOSE PORTABLE HOUSEHOLD CONTAINERS MADE OF WOOD, PLASTIC OR RESIN; NONMETAL HOUSEHOLD OR KITCHEN CONTAINERS; SMALL DOMESTIC CONTAINERS, NAMELY, ALL PURPOSE PORTABLE HOUSEHOLD CONTAINERS; CLEANING COMBS AND SCOURING SPONGES; DUSTING BRUSHES; BEVERAGE GLASSWARE; PORCELAIN EGGS AND SCULPTURES; EARTHENWARE FIGURINES, MUGS, SCULPTURES, AND STATUES; ORNAMENTS, EXCEPT CHRISTMAS ORNAMENTS, STATUETTES AND FIGURINES OF CERAMIC, CHINA, CRYSTAL, GLASS, EARTHENWARE AND PORCELAIN; PLATES; ORNAMENTAL AND COMMEMORATIVE PLATES; WALL PLAQUES OF CHINA, CRYSTAL, EARTHENWARE, GLASS, PORCELAIN, AND TERRA COTTA; 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; GLASS BELL JARS USED TO DISPLAY FRAGILE ORNAMENTAL OBJECTS; GLASS BELL JARS FOR ORNAMENTAL PURPOSES; PLASTIC BELL JARS USED TO DISPLAY FRAGILE OBJECTS; PLASTIC BELL JARS FOR ORNAMENTAL PURPOSES; NON-METAL JARS FOR JAMS AND JELLIES MADE FROM EARTHENWARE, GLASS, PORCELAIN AND PLASTIC; COOKIE JARS; COASTERS OTHER THAN OF PAPER OR OF TABLE LINEN; SERVING TRAYS NOT OF PRECIOUS METAL; HAIR COMBS; HAIR BRUSHES; SPONGES FOR HOUSEHOLD PURPOSES; ORNAMENTS, EXCEPT CHRISTMAS TREE ORNAMENTS, STATUETTES AND FIGURINES ALL OF TERRA COTTA; DRINKING GOBLETS, NOT OF PRECIOUS METAL; DRINKING GLASSES; STEMMED DRINKING GLASSES; CHAMPAGNE GLASSES; BOTTLES, SOLD EMPTY; BOTTLE OPENERS; CORK SCREWS; HOUSEHOLD FOOD STORAGE JARS AND FOOD STORAGE CONTAINERS MADE OF PLASTIC, GLASS, EARTHENWARE, TERRA COTTA OR PORCELAIN; GLASS BELL JARS FOR COVERING ORNAMENTS AND FOODS; EGG CUPS; LUNCH BOXES; COOKERY MOLDS; CAKE MOLDS; ICE-CUBE MOLDS FOR REFRIGERATORS; SHAPED COOKIE CUTTERS; BREAD BOARDS; BREAD BOXES; CANDLESTICKS NOT OF PRECIOUS METAL; SHAPED IRONING BOARD COVERS; NAPKIN RINGS NOT OF PRECIOUS METAL; NAPKIN HOLDERS; SOAP BOXES; SOAP DISHES; TOOTH BRUSH HOLDERS; TOOTH BRUSHES; GARBAGE CANS; SMALL DOMESTIC CONTAINERS, NAMELY, PIGGY BANKS NOT OF METAL, FLOWER POTS, SALT AND PEPPER SHAKERS, SALT AND PEPPER POTS NOT OF PRECIOUS METAL, AND HAND OPERATED SALT AND PEPPER MILLS; NON-ELECTRIC TEA AND COFFEE POTS NOT OF PRECIOUS METAL; TEA SETS OF CHINA, CERAMIC OR PORCELAIN; TEA CUPS AND SAUCERS; DOMESTIC BOWLS; DISH AND POT STANDS MADE OF CERAMIC TILES FOR HOT FOOD; COASTERS NOT OF PAPER AND OTHER THAN TABLE LINEN, NAMELY, COASTERS MADE OF CERAMIC TILES FOR BEVERAGES; VASES OF CHINA, CRYSTAL, GLASS AND PORCELAIN; PORCELAIN BOXES; TABLEWARE NOT OF PRECIOUS METAL, NAMELY, SERVING DISHES, SERVING PLATES, CHARGERS IN THE NATURE OF PLATTERS, SOUP TUREENS AND GRAVY BOATS; DECORATIVE DISHES, PLATES AND CHARGERS IN THE NATURE OF PLATTERS; CERAMIC AND PORCELAIN TRINKET BOXES; SALT AND PEPPER POTS OF PRECIOUS METAL; INDOOR TERRARIUMS FOR PLANT CULTIVATION OR TERRESTRIAL ANIMALS, IN CLASS 21 (U.S. CLS. 2, 13, 23, 29, 30, 33, 40 AND 50). FOR: 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;

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COASTERS MADE OF TABLE LINEN OR TEXTILE; UNFITTED FABRIC FURNITURE COVERS; 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; PRE-CUT TEXTILES FOR MAKING INTO CUSHIONS AND CUSHION COVERS; TRACED CLOTHS FOR EMBROIDERY, IN CLASS 24 (U.S. CLS. 42 AND 50). FOR: 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 TSHIRTS; 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, IN CLASS 25 (U.S. CLS. 22 AND 39). FOR: CARPETS; RUGS; LINOLEUM FOR USE ON FLOORS; WALL HANGINGS NOT OF TEXTILE; REED MATS; RUBBER AND PLASTIC BATH MATS; DOOR MATS; TEXTILE FLOOR MATS FOR USE IN THE HOME, IN CLASS 27 (U.S. CLS. 19, 20, 37, 42 AND 50). FOR: MUSICAL SNOW GLOBES; SNOW GLOBES; COMPUTER GAME JOYSTICKS; VIDEO GAME MACHINES FOR USE WITH TELEVISIONS OR COMPUTERS; YO YOS; PLAYING CARDS; PLAYING CARD CASES; TOY MODEL VEHICLES OF PAPER, CARDBOARD OR PAPER MACHE; CHRISTMAS TREE DECORATIONS OF PAPER, CARDBOARD OR PAPER MACHE; KITS COMPOSED OF PAPER, CARDBOARD OR PAPER MACHE FOR USE IN MAKING TOY MODEL VEHICLES; INFLATABLE PUBLICITY OBJECTS, NAMELY, BALLOONS; STAND ALONE VIDEO GAME MACHINES; COIN OR TOKEN OPERATED VIDEO GAMES; COIN OR TOKEN OPERATED PINBALL MACHINES; COIN OR TOKEN OPERATED ARCADE GAMES; COIN OR TOKEN OPERATED ELECTRICAL OR ELECTRONIC AMUSEMENT GAME MACHINES IN THE NATURE OF QUIZ GAME MACHINES; VIRTUAL REALITY DISPLAY APPARATUS, NAMELY, VIRTUAL REALITY HEADSETS, VIRTUAL REALITY HELMETS AND VIRTUAL REALITY VISORS ADAPTED FOR USE IN PLAYING VIDEO GAMES AND PROVIDING INTERACTIVE ENTERTAINMENT EXPERIENCES IN THIS REGARD; VIRTUAL REALITY DISPLAY APPARATUS, NAMELY, ELECTRONIC DISPLAY SCREENS FOR DISPLAYING IMAGES IN VIRTUAL REALITY SPECIALLY ADAPTED FOR USE IN PLAYING VIDEO GAMES, AND PROVIDING INTERACTIVE ENTERTAINMENT EXPERIENCES AND VIRTUAL REALITY THEATER, ALL ENCLOSED WITHIN AN ELECTRONICALLY ENABLED SPECIALLY ADAPTED BOOTH; VIRTUAL REALITY DISPLAY APPARATUS, NAMELY, AMUSEMENT PARK RIDES AND RIDE-ON TOYS, ALL OF WHICH DISPLAY IMAGES IN VIRTUAL REALITY; COIN OR TOKEN OPERATED ELECTRICAL AMUSEMENT APPARATUS, NAMELY, VIRTUAL REALITY HEADSETS, VIRTUAL REALITY HELMETS, VIRTUAL REALITY VISORS AND VIRTUAL REALITY ELECTRONIC DISPLAY SCREENS ENCLOSED WITHIN AN ELECTRONICALLY ENABLED SPECIALLY ADAPTED BOOTH, ALL SPECIALLY ADAPTED FOR USE IN PLAYING VIDEO GAMES AND PROVIDING VIRTUAL REALITY THEATER OR INTERACTIVE ENTERTAINMENT EXPERIENCES IN THIS REGARD FEATURING CARTOONS, ANIMATION, VIRTUAL REALITY IMAGES, AND MUSIC; COIN OR TOKEN OPERATED ELECTRICAL OR ELECTRONIC AMUSEMENT PARK RIDES AND RIDE-ON TOYS, NAMELY, SIT-AND RIDE-ON MOTION SIMULATOR RIDE MACHINES WHICH SIMULATE THE MOTION OF A VEHICLE, SHIP OR SUBMARINE; AMUSEMENT PARK RIDES AND RIDE-ON TOYS, NAMELY, MOTION SIMULATORS FOR SIMULATING THE MOTION OF A VEHICLE, SHIP OR SUBMARINE; RECREATIONAL FLOATS FOR SWIMMING; AMUSEMENT PARK RIDES, NAMELY, MOTION SIMULATORS FOR ENTERTAINMENT

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PURPOSESINTHENATUREOFVIRTUALREALITYAMUSEMENTPARKRIDES;MOTION SIMULATORS FOR ENTERTAINMENT PURPOSES IN THE NATURE OF AMUSEMENT PARK RIDES AND RIDE-ON TOYS, ALL FOR SIMULATING THE MOTION OF A VEHICLE, SHIP OR SUBMARINE;CRIB MOBILES OF PAPER OR CARDBOARD; VIDEO GAME MACHINES FOR USE WITH EXTERNAL TELEVISION OR VIDEO DISPLAY SCREENS; AMUSEMENT APPARATUS INCORPORATING A VIDEO MONITOR FOR INTERACTIVE VIDEO GAMES OF VIRTUAL REALITY; AN APPARATUS FOR ELECTRONIC GAMES OTHER THAN THOSE ADAPTED FOR USE WITH AN EXTERNAL DISPLAY SCREEN OR MONITOR, NAMELY, AN APPARATUS FOR INTERACTIVE VIDEO GAMES OF VIRTUAL REALITY; COMPUTER GAME CONSOLES FOR USE WITH AN EXTERNAL DISPLAY SCREEN OR MONITOR FOR INTERACTIVE VIDEO GAMES OF VIRTUAL REALITY, IN CLASS 28 (U.S. CLS. 22, 23, 38 AND 50). FOR: SMOKER'S ARTICLES, NAMELY, ASHTRAYS NOT OF PRECIOUS METAL, LIGHTERS FOR SMOKERS NOT OF PRECIOUS METAL, INCLUDING CIGARETTE, CI GARAND PIPE LIGHTERS, AND CIGARETTE AND CIGAR CASES NOT OF PRECIOUS METAL, IN CLASS 34 (U.S. CLS. 2, 8, 9 AND 17). FOR: ENTERTAINMENT, NAMELY, PROVISION OF INFORMATION RELATING TO MOTION PICTURES AND MUSIC, LIVE ENTERTAINMENT IN THE NATURE OF MUSICAL SHOWS, MUSICAL ROAD SHOWS, MUSICAL CONCERT PERFORMANCES, ORCHESTRA PERFORMANCES AND THEATRICAL STAGE PLAYS; ENTERTAINMENT, NAMELY, LIVE PERFORMANCES BY A MUSICAL BAND; ENTERTAINMENT IN THE NATURE OF THEATRE PRODUCTIONS; ENTERTAINMENT, NAMELY, PRESENTATION OF LIVE VIRTUAL REALITY SHOWS FEATURING MUSIC; ENTERTAINMENT IN THE NATURE OF LASER SHOWS AND LIGHT SHOWS; ENTERTAINMENT, NAMELY, AMUSEMENT PARK RIDES; ENTERTAINMENT, NAMELY, PROVIDING VIRTUAL REALITY AMUSEMENT PARK AND ARCADE RIDES; ENTERTAINMENT, NAMELY, RENTAL OF ELECTRONIC, COMPUTER AND VIDEO GAME EQUIPMENT; PROVIDING FACILITIES FOR RECREATIONAL ACTIVITIES, NAMELY, FACILITIES FOR RIDING HYDRAULICALLY, MECHANICALLY OR ELECTRICALLY OPERATED AMUSEMENT PARK AND ARCADE RIDES THAT SIMULATE THE MOTION OF A VEHICLE, SHIP OR SUBMARINE; ENTERTAINMENT IN THE NATURE OF RENTAL OF VIDEO EQUIPMENT FOR DISPLAYING IMAGES OF VIRTUAL REALITY; PROVIDING FACILITIES FOR RECREATIONAL ACTIVITIES FOR USE BY THE PUBLIC, NAMELY, FOR DISPLAYING IMAGES OF VIRTUAL REALITYVIA ELECTRONIC, COMPUTER, VIDEO GAMEAND OTHER VIDEO EQUIPMENT FOR ENTERTAINMENT PURPOSES; ENTERTAINMENT SERVICES, NAMELY, DISPLAYING IMAGES OF VIRTUAL REALITY TO THE PUBLIC VIA ELECTRONIC, COMPUTER, VIDEO GAME AND OTHER VIDEO EQUIPMENT; ENTERTAINMENT, NAMELY, DISPLAYING VIRTUAL REALITY IMAGES OF MUSICAL PERFORMANCES, ANIMATION AND MOTION PICTURE FILMS VIA VIDEO EQUIPMENT; ENTERTAINMENT IN THE NATURE OF DISPLAYING VIRTUAL REALITY IMAGES OF SHOWS VIA TELEVISION SETS, MOTION PICTURE PROJECTION SCREENS, ELECTRONIC DISPLAY EQUIPMENT, VIDEO EQUIPMENT, COMPUTER IMAGE GENERATION EQUIPMENT; ENTERTAINMENT AND EDUCATION IN THE NATURE OF ON-GOING TELEVISION AND RADIO PROGRAMS IN THE FIELD OF MUSIC, MUSICIANS, MOTION PICTURES, ANIMATION, CARICATURES AND CARTOONS; INTERACTIVE ENTERTAINMENT, NAMELY, PROVIDING AN ON-LINE INTERACTIVE COMPUTER GAME; PRODUCTION AND DISTRIBUTION OF RADIO AND TELEVISION PROGRAMS AND MOTION PICTURE FILMS; PRODUCTION OF AUDIOVISUAL CONTENT FOR INTERACTIVE COMPACT DISCS AND CD-ROMS; ENTERTAINMENT SERVICES, NAMELY, PLANNING AND CONDUCTING A SERIES OF MUSIC AND FILM FESTIVALS; CONDUCTING ENTERTAINMENT EXHIBITIONS FEATURING MUSIC MEMORABILIA; RENTAL OF MOTION PICTURE FILMS, SOUND RECORDINGS, AND MUSIC RECORDINGS ON INTERACTIVE COMPACT DISCS AND CD-ROMS; RENTAL OF VIDEOTAPE RECORDINGS TO OTHERS FOR PUBLIC EXHIBITION; AMUSEMENT ARCADE SERVICES; AMUSEMENT PARK SERVICES; PRESENTATION OF LIVE AND PRE-RECORDED SHOWS IN THE NATURE OF MUSIC SHOWS, ANIMATED FILM, AND VIRTUAL REALITY SHOWS IN URBAN ENVIRONMENTS FOR OTHERS; ENTERTAINMENT IN THE

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NATURE OF CIRCUSES; THEME PARK SERVICES, NAMELY, PROVISION OF LIVE MUSI CAL SHOWS AND AMUSEMENT RIDES RELATING TO MUSIC, MUSICIANS, MOTION PICTURES, ANIMATION, CARICATURES AND CARTOONS; ORGANIZING AND CONDUCTING COMPETITIONS IN THE NATURE OF QUIZ SHOWS AND ONLINE QUIZ COMPETITIONS IN THE FIELD OF MOTION PICTURE FILMS, MUSIC, MUSICIANS AND ENTERTAINERS; CINEMA SERVICES, NAMELY, RENTAL OF CINEMA FILMS, CINEMA PROJECTION APPARATUS AND ACCESSORIES; CINEMA THEATRES, INCLUDING MOBILE CINEMA THEATRES; DISCOTHEQUE SERVICES; ORGANIZING AND CONDUCTING ENTERTAINMENT EXHIBITIONS INTHEFIELD OF MUSIC, INCLUDING PRE-RECORDED MUSIC; ENTERTAINMENT, NAMELY, QUIZ SHOWS AND COMPETITIONS IN THE FIELD OF MUSIC AND MOTION PICTURE FILMS; ENTERTAINMENT, NAMELY, PROVIDING A WEBSITE VIA A COMPUTER GLOBAL NETWORK FEATURING NON-DOWNLOADABLE MUSIC-BASED QUIZZES, MUSIC-BASED COMPETITIONS, PUZZLES, ARCADE-STYLE GAMES, VIDEO AND SOUND CLIPS, ANIMATION, INTERACTIVE ENTERTAINMENT FEATURING MUSIC AND IMAGES, MUSIC-BASED ROLE PLAYING GAMES, ENTERTAINMENT INFORMATION, PHOTOGRAPHS, AND PERSONAL DIGITAL POSTCARDS IN THE FIELDS OF MUSIC AND MUSICAL ENTERTAINMENT, IN CLASS 41 (U.S. CLS. 100, 101 AND 107). FOR: PROVIDING ON-LINE, NON-DOWNLOADABLE COMPUTER SOFTWARE FOR DISPLAYING AND PLAYING MUSICAL SOUND AND VIDEO RECORDINGS, AND FOR MANAGING ACCESS TO AND DOWNLOADING THE SAME VIA THE WORLD WIDE WEB; PROVIDING ONLINE, NON-DOWNLOADABLE COMPUTER SOFTWARE FOR GENERATING INTERACTIVE ENTERTAINMENT FEATURES ON AN ENTERTAINMENT WEBSITE IN THE FIELD OF MUSICAL SOUND AND VIDEO RECORDINGS, IN CLASS 42 (U.S. CLS. 100 AND 101). OWNER OF ERPN CMNTY TM OFC REG. NO. 000219048, DATED 1-26-1999, EXPIRES 41-2016. SER. NO. 75-921,156, FILED 2-16-2000. ZHALEH DELANEY, EXAMINING ATTORNEY

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REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS. Requirements in the First Ten Years* What and When to File: First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, l 14lk. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court. Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods* What and When to File: You must file a Declaration ofU se (or Excusable Nonuse) and an Application for Renewal between every 9th and 10th-year period, calculated from the registration date.* Grace Period Filings* The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or reminder of these filing requirements. *ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U .S.C. §§ 1058, 114 lk. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the international registration. See 15 U.S. C. § 1141j. For more information and renewal forms for the international registration, see http://www.wipo.int/madrid/en/. NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at http ://www.uspto.gov.

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Composite Exhibit 2







Case 0:18-cv-60221-RNS Document Entered on FLSD Docket 02/01/2018 Page 1 of 2 CIVIL1-3 COVER SHEET

O JS 44 (R ev. 2/08)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE IN STR U C TIO N S O N THE R EV ER SE O F T HE FO R M .) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.

I. (a) PLAINTIFFS

DEFENDANTS

APPLE CORPS LIMITED and SUBAFILMS LIMITED

SHIRTSFORYOU.NET, et al.

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EX C EPT IN U .S. PLAIN TIFF C ASES)

(IN U .S. PLAIN TIFF C ASES O N LY )

(c) Attorney’s (Firm N ame, Address, and Telephone N umber)

N O TE: IN LAN D C O N D EM N ATIO N C ASES, U SE THE LO C ATIO N O F THE TR AC T LAN D IN V O LV ED .

Stephen M. Gaffigan/STEPHEN M. GAFFIGAN, P.A. 401 East Las Olas Blvd., Suite 130-453, Ft. Lauderdale, Florida 33301 (954) 767-4819 (d)

M IAM I- D AD E

Check County Where Action Arose:

II. BASIS OF JURISDICTION 1

2

✔

U .S. G overnment Plaintiff

Federal Q uestion (U .S. G overnment N ot a Party)

D iversity

290 All O ther R eal Property

ST. LU C IE

PTF 1

IN D IAN R IV ER

O KEEC HO BEE HIG HLAN D S

and O ne Box for D efendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State

DEF 1

C itizen of This State

C itizen of Another State

2

2

Incorporated and Principal Place of Business In A nother State

5

5

C itizen or Subject of a Foreign C ountry

3

3

Foreign N ation

6

6

F O R FE IT U R E /P E N A L T Y

P E R SO N A L IN JU R Y P E R SO N A L IN JU R Y 310 Airplane 362 Personal Injury 315 Airplane Product M ed. M alpractice Liability 365 Personal Injury 320 Assault, Libel & Product Liability Slander 368 Asbestos Personal 330 Federal Employers’ Injury P roduct Liability Liability 340 M arine P E R SO N A L P R O P E R T Y 345 M arine Product 370 O ther Fraud Liability 371 Truth in Lending 350 M otor V ehicle 380 O ther Personal 355 M otor V ehicle Property D amage Product Liability 385 Property D amage 360 O ther Personal Product Liability Injury C IV IL R IG H T S P R ISO N E R P E T IT IO N S 441 V oting 510 M otions to V acate 442 Employment Sentence 443 Housing/ H abeas C orpus: Accommodations 530 G eneral 444 W elfare 535 D eath Penalty 445 Amer. w /D isabilities 540 M andamus & O ther Employment 446 Amer. w /D isabilities 550 C ivil R ights O ther

440 O ther C ivil R ights

Proceeding

M AR TIN

(Place an “X ” in O ne B ox O nly) TORTS

110 Insurance 120 M arine 130 M iller Act 140 N egotiable Instrument 150 R ecovery of O verpayment & Enforcement of Judgment 151 M edicare Act 152 R ecovery of D efaulted Student Loans (Excl. V eterans) 153 R ecovery of O verpayment of V eteran’s Benefits 160 Stockholders’ Suits 190 O ther C ontract 195 C ontract Product Liability 196 Franchise R E A L P R O PE R T Y 210 Land C ondemnation 220 Foreclosure 230 R ent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability

V. ORIGIN 1 Original ✔

PALM BEA CH

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X ” in O ne Box for Plaintiff

(Place an “ X ” in O ne Box O nly)

CONTRACT

BR O W AR D

(Indicate C itizenship of Parties in Item III)

IV. NATURE OF SUIT

✔

(For D iversity C ases O nly) 3

4

U .S. G overnment D efendant

MONROE

Attorneys (If Know n)

555 Prison C ondition

610 Agriculture 620 O ther Food & D rug 625 D rug R elated Seizure of Property 21 U SC 881 630 Liquor Law s 640 R .R . & Truck 650 Airline R egs. 660 O ccupational Safety/Health 690 O ther LABOR 710 Fair Labor Standards Act 720 Labor/M gmt. R elations 730 Labor/M gmt.R eporting & D isclosure Act 740 R ailw ay Labor Act 790 O ther Labor Litigation 791 E m pl. R et. Inc . Security Act

State Court

VI. RELATED/RE-FILED CASE(S).

3 Re-filed-

(see VI below)

SO C IA L SE C U R IT Y 861 HIA (1395ff) 862 Black Lung (923) 863 D IW C /D IW W (405(g)) 864 SSID Title X V I 865 R SI (405(g)) F E D E R A L T A X SU IT S 870 Taxes (U .S. Plaintiff or D efendant) 871 IRS— Third Party 26 U SC 7609

400 State R eapportionment 410 Antitrust 430 Banks and Banking 450 C ommerce 460 D eportation 470 R acketeer Influenced and C orrupt O rganizations 480 C onsumer C redit 490 Cable/Sat TV 810 Selective Service

850 Securities/C ommodities/ Exchange

Transferred from

Reopened

O T H E R ST A T U T E S

875 C ustomer C hallenge 12 U SC 3410 890 O ther Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental M atters 894 Energy Allocation Act 895 Freedom of Information Act

900 Appeal of Fee D etermination U nder Equal Access to Justice

4 Reinstated or 5 another district

950 C onstitutionality of State Statutes

Appeal to District

6 Multidistrict Litigation

(specify)

a) Re-filed Case YES ✔ NO (See instructions second page):

P R O PE R T Y R IG H T S 820 C opyrights 830 Patent 840 Trademark ✘

IM M IG R A T IO N 462 N aturalization Application 463 Habeas C orpus-Alien D etainee 465 O ther Immigration Actions

(Place an “X ” in O ne B ox O nly)

2 Removed from

B A N K R U PT C Y 422 Appeal 28 U SC 158 423 W ithdraw al 28 U SC 157

from 7 Judge Magistrate Judgment

b) Related Cases YES ✔ NO

JUDGE

DOCKET NUMBER

Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):

VII. CAUSE OF ACTION Trademark infringement and counterfeiting pursuant to 15 USC 1114 LENGTH OF TRIAL via ______ days estimated (for both sides to try entire case) 5

VIII. REQUESTED IN COM PLAINT:

CHECK IF THIS IS A CLASS ACTION

CHECK YES only if demanded in complaint: Yes JURY DEMAND: ✔ No

DEMAND $

UNDER F.R.C.P. 23

ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE

SIG N ATU R E O F ATTO R N EY O F R EC O R D

D ATE

February 1, 2018 F O R O F F IC E U SE O N L Y AM O U N T

R EC EIPT #

IFP


JS 44 R everse (R ev. 02/08)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”. (d) Choose one County where Action Arose. II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V.

Origin. Place an “X” in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States District Courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Refiled (3) Attach copy of Order for Dismissal of Previous case. Also complete VI. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision. VI. Related/Refiled Cases. This section of the JS 44 is used to reference related pending cases or re-filed cases. Insert the docket numbers and the corresponding judges name for such cases. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VIII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. Date and Attorney Signature. Date and sign the civil cover sheet.

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