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Schedule A cases allow intellectual property owners to sue numerous online retailers and others who have allegedly infringed upon their rights at once. These lawsuits derive their name from the document (Schedule A) attached to the complaint that identifies the defendants. If you find yourself named in one of these cases, your ability to conduct business could be severely jeopardized. The Keleher Appellate Law Group provides a robust defense to parties facing Schedule A litigation by leveraging our extensive experience and staying informed of the most recent developments in these matters.
Northern District of Illinois Remains Popular Court for Schedule A
Over the last several years, Schedule A filings have steadily increased in the Northern District of Illinois. While these cases have begun to accumulate in other courts, such as the Southern District of Florida, the numbers come nowhere close to those in Illinois. There does not appear to be any signs of this trend significantly reversing or slowing down in the near future.
Defendants may not understand at first why this particular court is so popular with Schedule A plaintiffs. A glance at some of the decisions will explain why. Judges here have been receptive to granting motions that seek relatively quick relief, including ex parte decisions that do not require an immediate response from defendants. Temporary restraining orders, preliminary injunctions, and default judgments are some of the mechanisms litigants request to protect their rights.
Significant Brands Continue to File Schedule A Lawsuits
Because Schedule A cases allow multiple defendants to be named, plaintiffs who believe their intellectual property rights have been violated can seek damages from many parties at once. This increases the chances of winning compensation for alleged infringements. In just the last few months, these well-known brands have filed Schedule A claims:
- Kendra Scott Jewelry
- NBA
- Birkenstock
- Christian Dior
- Pit Viper
Even musicians such as Luke Combs have made use of these lawsuits to claim misuse of their names, images, or likenesses in commercial products.
Small Businesses Increasingly Targeted By Big Names
While the plaintiffs in Schedule A cases may be household names like the NBA or Luke Combs, the online retailers who are named in these lawsuits typically are not. Online sellers, whose main source of income may come from sales on e-commerce platforms like Amazon, typically see their ability to conduct business suspended after a lawsuit has been filed.
These defendants are usually located outside the United States, where service of court papers can be difficult to obtain (which is another reason that Schedule A cases are popular). Although many foreign retailers knowingly infringe upon intellectual property rights owners by selling counterfeit products, not all of them do so intentionally. To the contrary, defendants often do not understand why they have been sued in the first place.
For example, Sun Qunming, who owns a small e-commerce company of only 13 people in Shenzhen, China, was unaware that the term “airbag” (used in the context of electronic device accessories) had been trademarked. The owner of the trademark, a phone case vendor known as PopSockets, sued Sun and over 160 other online sellers for trademark infringement. Sun’s Amazon seller accounts and balances were frozen as a result.
Named as a Schedule A Defendant? Find Out How We Can Represent You
Sun’s case exposes a rising power and money imbalance that is inherent to Schedule A lawsuits. Whereas easily recognizable brand names and celebrities have virtually unlimited resources to file and prosecute alleged intellectual property infringements, the defendants are usually obscure individuals and small businesses who in many cases had no intention of violating anyone’s rights.
This makes it all the more important to retain experienced legal counsel if you have been named as a defendant in a Schedule A case. The Keleher Appellate Law Group is well-versed in intellectual property rights litigation generally and Schedule A litigation specifically. We employ a variety of strategies to quickly respond to lawsuits, settle or otherwise resolve cases expeditiously, and help prevent future legal problems so you can focus on your business. Get started today by giving us a call.
The Keleher Appellate Group, LLC, serves clients in Chicago, Denver, St. Louis, and the surrounding areas in Illinois, Indianapolis, Indiana, Missouri, Wisconsin, and Colorado. We also provide our services nationwide and internationally.