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TMCase: Apple Corps Ltd.. & Subafilms Ltd.. v. Individuals, 2023 U.S. Dist. LEXIS 234673
- 06 June, 2024
- Nyall Engfield
Key Legal Holdings
- Plaintiffs have demonstrated a likelihood of success on the merits of their trademark infringement claims.
- Plaintiffs have shown they will likely suffer irreparable harm without a preliminary injunction.
- The balance of hardships favors Plaintiffs.
- Issuing a preliminary injunction serves the public interest.
Material Facts
- Plaintiffs own valid trademarks including THE BEATLES and YELLOW SUBMARINE.
- Defendants were selling counterfeit products bearing Plaintiffs' trademarks without authorization.
- Plaintiffs hired investigators to purchase counterfeit products from Defendants' online stores.
- Plaintiffs' investigator confirmed the products were counterfeit.
Controlling Law
Federal: Lanham Act 15 U.S.C. § 1114 (trademark infringement); 15 U.S.C. § 1125(a) (false designation of origin)
Court Rationale
- Plaintiffs demonstrated likelihood of confusion between their marks and Defendants' counterfeit products.
- Loss of control over reputation is irreparable harm.
- Balance of hardships favors Plaintiffs because Defendants have no right to sell counterfeits.
- Public interest favors injunction to protect Plaintiffs' trademarks.
Procedural Outcome
The court granted Plaintiffs' motion for a preliminary injunction.
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