The Rise of “Schedule A” Cases in Illinois
In the Northern District of Illinois, “Schedule A” cases or trademark infringement actions are growing. AEGIS Law has both defended and represented clients in these actions. Typically, businesses with trademarks accuse many defendants of selling counterfeit items with their marks. These actions harm consumer trust and the reputation of real retailers. The challenge grows when defendants are overseas. Their U.S. digital assets, like PayPal, Amazon, and eBay accounts, often get frozen.
Overstepping Plaintiffs: A Case Study
Some plaintiffs have overstepped their boundaries. Take the case of a client of ours, a thriving company assisting Southeast Asian entrepreneurs in establishing online businesses. This company wasn’t selling products. However, they had $1.2 million in PayPal funds frozen due to a minor sale by an associate. This led to massive layoffs.
AEGIS Law, with Senior Attorney Patrick Jones, took on the defense. The substantial amount in the company’s account tempted the plaintiff. They hoped for a judgment of up to $2 million in damages.
In the end, AEGIS Law persuaded the Court to unfreeze the funds. The argument? The company didn’t operate in the U.S., so the court lacked jurisdiction. Still, the damage had been done. The company lost crucial relationships and is now rebuilding. AEGIS Law remains dedicated to protecting companies from such legal complexities.
Navigating Online Trademark Challenges
The digital age brings unique challenges for brand owners. INTA’s ODR task force has produced two best practice documents to address online trademark issues. These guides aim for consistent notice and takedown procedures and quicker resolutions. The ODR task force’s research led to two guides, one for platform hosts and one for brand owners. Though a Digital Millennium Trademark Act wasn’t proposed, these guides are crucial tools against online infringements.
To understand these strategies better, read the full article on INTA Bulletin.
For representation in similar cases, contact Patrick Jones at [email protected].
