Schedule A Litigation: Strategies and Best Practices for Online Enforcement

"Schedule A litigation serves as a powerful enforcement tool for brand owners facing widespread online infringement, allowing them to consolidate multiple foreign-based infringers into a single lawsuit."

"The Department of Homeland Security has reported that e-commerce platforms and their intermediaries have significantly contributed to the trafficking of counterfeit and pirated goods, complicating enforcement efforts."

"Rights owners have increasingly turned to Schedule A litigation as other brand protection measures have historically failed to stop trademark infringement and counterfeiting by offshore sellers."

"E-commerce platforms generally do not have a duty to proactively monitor sellers for infringing goods, making it challenging for brand owners to protect their trademarks."

In 2025, trademark cases in U.S. District Courts rose by 25%, largely due to Schedule A lawsuits targeting multiple foreign e-commerce stores selling counterfeit goods. Schedule A litigation allows plaintiffs to include various offshore infringers in one case and seek asset restraints to prevent the transfer of illicit gains. The Department of Homeland Security has noted the challenges of enforcing against counterfeit goods on e-commerce platforms, which often lack proactive monitoring. Rights owners increasingly rely on Schedule A litigation as traditional measures have failed to curb infringement.

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