In a recent article published in the Association of Business Trial Lawyers Report, Knobbe Martens intellectual property lawyers Jared Bunker, Marko Zoretic, and Oren Rosenberg provide an in-depth analysis of “Schedule A” litigation—a popular enforcement tool used against foreign online sellers accused of intellectual property infringement.
The authors offer a comprehensive overview of Schedule A litigation, which they explain has emerged as a “powerful and controversial tool for trademark, copyright, and patent owners to attempt to enforce their intellectual property rights against foreign online retailers” selling allegedly counterfeit or infringing goods on e-commerce marketplaces. In this type of litigation, plaintiffs typically seek an ex parte temporary restraining order (TRO) against multiple defendants simultaneously to remove allegedly infringing online listings and freeze financial accounts.
The article highlights the ongoing debate over Schedule A litigation, noting that some parties believe it is essential for combating widespread online counterfeiting and infringement by foreign e-commerce sellers, while others maintain that the practice raises significant due process concerns. Noting that Schedule A litigation filings have surged over the past decade—particularly in the Northern District of Illinois—the authors also discuss recent trends in TRO issuance rates and key court decisions that reflect broader efforts to reform the Schedule A enforcement model.
Read the full article, “Courts Attempt to Rein in ‘Schedule A’ Litigation Practice,” in the Association of Business Trial Lawyers Report.
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