#schedulea — Public Fediverse posts

Side note: The defendants here are online sellers. But this is *not* a #ScheduleA case. Good on Whoop.

To be fair, this may be an accurate description of the allegations. This is, after all, a #ScheduleA case. papers.ssrn.com/sol3/papers....

The Counterfeit Sham

#ScheduleA in the Federal Circuit: Roadway Retail LLC v. Partnerships & Unincorporated Assns Identified, Docket No. 26-01711 (Fed. Cir. Apr 21, 2026). In this case, some defendants are appealing a decision on an order to preserve Amazon inventory, wherein Judge Moses starts her analysis as follows:

The Seventh Circuit has made it really easy to manufacture personal jurisdiction for #ScheduleA cases in Illinois. All the plaintiff needs to do is make test buys. But apparently, some plaintiffs (or at least plaintiffs' counsel) think that is too high a burden.

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3mlqilsnhjs2k

Unsurprisingly, we're starting to see #ScheduleA plaintiffs try to limit the scope and impact of Liu v. Monthly. See, e.g., Sega Corporation et al v. Schedule A, Docket No. 1:26-cv-02698.

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3mifbg6rcfs2o

New #ScheduleA case in NDIN (Hammond).

RE: https://bsky.app/profile/did:plc:7i5tooehcldghuwzvle5gca7/post/3mle3jrohdk24

I just read a document--filed in federal court--that suggested that barring #ScheduleA plaintiffs from pinching defendants (amending down and refiling when they get a judge they don't like) would "violate Plaintiff’s constitutional rights to access the court system." You can't make this stuff up.

Newly unsealed #ScheduleA case out of Pittsburgh (filed by Chicago counsel): CAR CRASH LLC v. ZHONGHEI, No. 2:26-cv-00434 (W.D. Pa. Mar 17, 2026). Plaintiff alleges infringement of registered photographs. First, they seem to allege copying/display of infringing photographs. Fine. Seems colorable:

Defendant recovers the full amount of the bond as damages for being wrongful enjoined in a #ScheduleA case. But: The bond was only $10k. According to the defendant, their actual damages were > $90k. Bright Head LLC v. Schedule A, No. 1:24-cv-13410 (N.D. Ill. Apr. 6, 2026), ECF 91 (Bucklo, J.).

One interesting phenomenon following Monthly: Judges scrutinizing the issue of personal jurisdiction at the default judgment stage. #ScheduleA

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3ml476wm3oc2n

Obviously, this line makes me think of #ScheduleA...

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3ml6pljdiac2y

Still thinking about this one. How many more #ScheduleA cases include claims like this? I'm not sure it's possible to know for sure. But I doubt the answer is zero.

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3ml4cv2wbl22r

So Stussy (yes, apparently they're still around) has a trademark registration for a logo shaped like a perspective view of an 8 ball. They're now asserting it in a #ScheduleA case against someone who sells a rug that looks like an 8 ball. Stussy, Inc. v. Schedule A, No. 1:26-cv-02870 (N.D. Ill.)

Judge Tharp denies motion for default judgment in a #ScheduleA case for failure to prove any sales in Illinois: Justin Bua v. Schedule A, Docket No. 1:25-cv-14134 (N.D. Ill. Apr. 29, 2026), ECF 41. Prior order, citing Liu v. Monthly:

Note that the Seventh Circuit cites and quotes Judge Kness' decision in Eicher Motors. But with a few exceptions, judges in the NDIL (and, apparently, the rules committee) are allowing plaintiffs to shop away from judges who might write more decisions that criticize/question the #ScheduleA model.

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3mks57ili4222

In any case, it's notable to see any #ScheduleA cases before Seeger at all. This one appears to have been filed before the move I call "defendant pinching" became common. For more on defendant pinching & Schedule A judge shopping more broadly, see: papers.ssrn.com/sol3/papers....

Defendant Pinching & Pressing

But we know that Judge Seeger remained concerned about the issue of #ScheduleA judge-shopping. Less than a year later, he called out some different attorneys for a different move (one that I call "defendant pinching"):

Sarah Fackrell (@design_law@ma...

Looking more closely at the new Seventh Circuit decision in Shenzhen Huajie v. Shenzhen Leyibei. I think it's notable that the court starts by situating this case in the larger #ScheduleA phenomenon, calling these cases "increasingly common and controversial."

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3mkq6h2zb222y

Seventh Circuit affirms Judge Seeger order granting a #ScheduleA plaintiff minimum statutory damages under the Lanham Act: SHENZHEN HUAJIE TECHNOLOGY CO., LTD. v. SHENZHEN LEYIBEI TECHNOLOGY CO., LTD., No. 25-2659, 2026 WL 1165558, at *1 (7th Cir. Apr. 29, 2026).

Design patents (and #ScheduleA) at the Federal Circuit: Shenzhen Jisu Technology Co., Ltd. v. The Entities And Individuals Identified In Annex A, Docket No. 25-01617 has been calendared for oral argument on June 5.

One way to help solve the economic asymmetry problem in #ScheduleA cases is for defendants to team up, hiring a common defense attorney to misrepresent them for shared issues, such as misjoinder. But in two recent decisions, judges found that teaming up undermines such misjoinder arguments.

Yet another Judge Schydlower decision denying an asset freeze and email service in a #ScheduleA case: AJ'S NIFTY PRODUCTS LLC v. SCHEDULE A, Defendant., No. 3:26-CV-00944-LS, 2026 WL 1049212, at *1 (W.D. Tex. Apr. 14, 2026) #EicherImpact

Judge Kennelly has set a briefing schedule for the motion to vacate the default in Deckers v. Bei Duo: - Decker must respond by 5/1; - The defendant must reply by 5/15; - Status hearing set for 5/22 #ScheduleA

Judge Kennelly has set a briefing schedule for the motion to vacate the default in Deckers v. Bei Duo: - Decker must respond by 5/1; - The defendant must reply by 5/15; - Status hearing set for 5/22 #ScheduleA

Judge Grimberg DENIES a motion for a TRO in a #ScheduleA case, citing Eicher Motors. Order, Dongguan Jiajieshi Technology Co., Ltd. v. Funtin et al, Docket No. 1:26-cv-00439 (N.D. Ga. Jan. 26, 2026), ECF 9. #EicherImpact

#ScheduleA in Wright & Miller:

1. File a case against 100 online sellers. 2. Draw a judge who's pushed back on the #ScheduleA litigation model. 3. Amend down to one defendant. 4. File a new case against the 99 defendants you dropped. Some NDIL judges think this is judge shopping. Some don't. Read more and decide for yourself:

Defendant Pinching & Pressing

NHL Enterprises, L.P. v. Schedule A, Docket No. 1:25-cv-14687 (N.D. Ill.): A fighting #ScheduleA defendant argues that they never shipped any products to Illinois. But there was one order--a test buy--that was not completed:

Judge Durkin granted a motion to set aside a default judgment (as to one defendant) in a #ScheduleA case. The plaintiff has appealed. See Makiko Kimura v. jiujiangshengyixi, No. 26-01650 (7th Cir. Apr 03, 2026). Here's the appealed-from order:

Judge Kocoras grants eBay's motion to dissolve a #ScheduleA preliminary injunction due to misjoinder. COLLECTANEA J. LIMITED v. SCHEDULE A, No. 25 C 4839, 2026 WL 891930, at *6 (N.D. Ill. Mar. 31, 2026)

We know that #ScheduleA plaintiffs are looking for new places to file. The more persuasive, critical decisions there are, the harder that will be.

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3m52bd2qgbc2r

I'll note that this is one reason why defendant pinching and pressing are bad. #ScheduleA plaintiffs are moving their cases away from judges who might write decisions that persuasively criticize their business model.

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3mit75buudc2z

Defendant Pinching & Pressing

New #LawStudentNote idea (free to a good home, as always): This story says Illinois has an "anti-troll" law. Does (or should) it apply to any #ScheduleA cases?

Valve's Anti-Troll Law Win Cou...

This case is about personal jurisdiction in #ScheduleA cases. SAFE is trying to get the Seventh Circuit to expand its NBA rule and say that a mere offer to sell or ship to the forum is enough. #CivProMatters

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3mccrvkoyek2b

The new DNJ standing order starts with some language that seems to be influenced by the #CounterfeitRhetoric we've seen in this space: www.njd.uscourts.gov/sites/njd/fi... Reminder: Not all #ScheduleA cases involve actual (or even alleged) counterfeiting: harvardlawreview.org/print/vol-13...

Merrigo Life has filed its brief in opposition to the motion for fees in the SUCCULENT (Supplemental Register) #ScheduleA case: www.scribd.com/document/917... #Trademarks

Merrigo Life v. Schedule A - R...

The Seventh Circuit accepts the law professor amicus brief in the Louis Poulsen #ScheduleA appeal. (The plaintiff-appellee did not consent.) #AppellateSky

You are cordially invited to the Fall 2025 Chicago-Kent Law Review Symposium, "Unsealing Schedule A."

The conference will be held via Zoom on Friday, Sept. 26.

Registration is free and open to the public: https://studentorgs.kentlaw.iit.edu/cklawreview/symposium/unsealing-schedule-a/

We hope you can join us!

#ScheduleA #LegalScholarship #LawProfs

The brief leans heavily on the idea that there are "unique circumstances and problems caused by offshore, Internet-based counterfeiters." Of course, not all #ScheduleA cases are counterfeiting cases. #CounterfeitRhetoric

Judge Gottschall (NDIL) has changed the title of her #ScheduleA standing order to add the phrase "counterfeit product." Old: www.ilnd.uscourts.gov/_assets/_doc... New: www.ilnd.uscourts.gov/_assets/_doc... (h/t @ericgoldman.bsky.social) #CounterfeitRhetoric

A defendant in a #ScheduleA case argues: "Plaintiff's core allegations of trademark counterfeiting and infringement are fatally flawed as they hinge on a mark registered solely on the Supplemental Register." #trademarks

Good news: SDFL judge dismisses defendant over Twiqbal problems with a #ScheduleA complaint: www.scribd.com/document/873... Bad news: What about the other defendants? #CivProMatters

Motion to dissolve a #ScheduleA preliminary injunction: "The Complaint does not inform any defendants of which allegations of infringement pertain to them and how they are alleged to have committed this alleged infringement." www.scribd.com/document/867... #Twiqbal #CivProMatters

Well, this is interesting: www.courtlistener.com/docket/69827... #ScheduleA #CivProMatters

Judge Ellis dismisses a #ScheduleA case for misjoinder: Shenzhen Jisu Tech. Co. v. Individuals, Corps., Ltd. Liab. Companies, Partnerships, & Unidentified Assocs. Identified on Schedule A, No. 24 C 4134, 2025 WL 972866 (N.D. Ill. Apr. 1, 2025). #CivProMatters

Judge Kness grants a defendant's motion to dismiss in a #ScheduleA case on, inter alia, Twiqbal grounds: "[T]he pleading issue is glaring: the Complaint does not put Shinny Mermaid on notice about which mark it is alleged to have infringed." www.scribd.com/document/845... #CivProMatters

Save the date: The Chicago-Kent IP Law Society is planning to host a panel on #ScheduleA litigation at 5 pm on Wednesday, April 2. Everyone is welcome to attend.

I'm honored that these students have asked me to be a panelist & proud that they're taking on this important issue.

#ChicagoKentIP

Save the date: The Chicago-Kent IP Law Society is planning to host a panel on #ScheduleA litigation at 5 pm on Wednesday, April 2. Everyone is welcome to attend. I'm honored that they've asked me to be a panelist & proud that they're taking on this important issue. #ChicagoKentIP

Another SDFL judge rejects the Bose "swarm joinder" theory in a #ScheduleA case: "Plaintiff’s reliance on Bose overlooks a split in authority within the same District." www.scribd.com/document/823... #CivProMatters

In good news: This SDFL judge rejects "swarm joinder" in a #ScheduleA case. In bad news: No one involved (so far) seems to realize that because this is a patent case, 35 U.S.C. § 299--not FRCP 20--governs joinder here. www.scribd.com/document/823... #CivProMatters