Leveraging Schedule A Proceedings to Combat Online Counterfeiting

Many companies are turning to Schedule A cases as a strategic approach to fight against online counterfeiters, who often operate anonymously on third-party marketplaces. Schedule A involves filing a federal IP lawsuit where multiple defendants, suspected of selling counterfeit goods or infringing trademarks, are listed collectively under seal in an attached document titled “Schedule A.” Notable brands such as Kendra Scott, NBA, Birkenstock, and Christian Dior have recently utilized this legal tool. In 2021, the global trade in counterfeit and pirated products reached an estimated $467 billion. Given the proliferation of online sales channels, Schedule A cases have become a vital method for addressing this challenge. Since counterfeiters frequently use aliases, identifying and locating them can be complex. Instead of pursuing numerous separate lawsuits, plaintiffs can consolidate all suspected infringers into a single Schedule A case, conserving resources and streamlining proceedings. Following the filing of a Schedule A complaint, plaintiffs often seek an ex parte temporary restraining order (TRO), which can freeze the infringers’ accounts. These complaints are typically filed un...