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 examine the Seventh Circuit's pivotal 2026 ruling in Kangol v. Hangzhou Chuanyue Silk Import & Export, which held that the Hague Service Convention bars email service on Chinese defendants, and discuss how an unprecedented bilateral class action is now seeking to void thousands of default judgments. Along the way, they explore what these shifts mean for rights holders, defense counsel, and the future of online brand protection. Whether you're a brand owner fighting counterfeits or a practitioner navigating this rapidly evolving landscape, this episode offers a practical roadmap for enforcing IP rights in the post-Kness era. Tune in for a candid conversation about where Schedule A litigation has been, where it's going, and what you need to know right now.

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