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Schedule A lawsuits are powerful tools for seeking injunctions against merchants alleged to have violated intellectual property rights in online marketplaces. Being hit with a Schedule A injunction can be financially devastating for legitimate businesses that depend heavily on their web presence to earn a living. If you’re facing one of these lawsuits, you will need a fast response to win the judicial relief you need to keep doing business. Find out how The Keleher Appellate Law Group’s Schedule A defense practice can serve you.
The Basics of a Schedule A Lawsuit
Major brands are constantly dealing with intellectual property theft. Knock-offs, counterfeits, and misuse and abuse of copyrights and trademarks is rampant online. Individuals exploit platforms like Amazon and eBay to sell products that harm the reputation and profits of the companies from which they steal. They are often stopped but then set up other accounts (often anonymously) to continue their illicit market.
To combat these so-called hit-and-run merchants, the courts allow what are known as Schedule A lawsuits (so named because of the schedule attached to the complaint which lists the defendants). These lawsuits are more streamlined and efficient than traditional litigation because they can name hundreds or even thousands of shady individuals and companies all at once.
Strategies for Defending Against Schedule A Lawsuits
Although many disreputable businesses are rightly named as defendants and stopped from further intellectual property rights infringement, this does not mean that every defendant has done wrong. Unfortunately, honest retailers are often caught up in these lawsuits.
Restoring your ability to conduct business and access your money will require serious and speedy legal counsel working on your behalf. Depending on the circumstances of your case, The Keleher Appellate Law Group may employ such strategies as:
- Challenging allegations: The claims against you are not necessarily true, even if the court issued a TRO. We can review the evidence, contest false allegations, and advocate for you accordingly.
- Conducting discovery: One of the best ways to defend your rights in a Schedule A lawsuit is to conduct robust discovery. This includes seeking information and records from the plaintiff to identify faulty claims and obtain the evidence you need to mount a successful defense.
- Developing preventive measures: Sometimes the best defense is a good offense, and we can help you take steps to prevent such lawsuits in the future. These may include adopting better ways to screen your products and obtaining intellectual property licenses.
Assert Your Defense and Protect Your Rights
Because Schedule A lawsuits can jeopardize your livelihood, it is essential that you take quick action after being named as a defendant. To get started making your case and securing your rights, contact The Keleher Appellate Law Group, LLC today.