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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