Schedule A Litigation: The Courts Strike Back
In this episode of The Upper Brand®, hosts Rich Assmus and Kristine Young tackle one of the most significant developments reshaping online brand enforcement: the rise, judicial backlash, and uncertain future of Schedule A litigation. From its origins as a streamlined tool for combating mass online counterfeiting to the landmark 2025 opinion in Eicher Motors where Judge Kness of the Northern District of Illinois systematically dismantled the model's procedural foundations, Rich and Kristine unpack how courts are recalibrating the balance between efficient IP enforcement and due process. They…
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