In recent years, federal lawsuits known as “Schedule A” suits, which allow brand owners to target numerous online sellers simultaneously, have expanded outside their traditional base in Chicago. Throughout 2025, these mass anti-counterfeiting actions have seen a rise, although they face increasing scrutiny and challenges. The proliferation of these cases reflects the ongoing battle that brand owners face in protecting their trademarks and combating counterfeit products across various online platforms. More insights into this trend were discussed in a detailed report.
The adoption of such strategies outside Chicago is partly driven by the need for brands to maintain their market reputation and minimize revenue losses. However, the approach has encountered some setbacks, including questions regarding the due process afforded to defendants. Critics argue that the sheer volume of defendants in some cases can lead to issues of overreach and due process violations.
Courts are becoming more vigilant in scrutinizing these lawsuits, sometimes requiring more stringent evidence and justification from plaintiffs. This heightened scrutiny has not only increased the complexity of pursuing these cases but has also encouraged a broader discussion about the balance between protecting intellectual property rights and ensuring fair legal processes.
Nevertheless, brand owners are likely to continue utilizing Schedule A suits, adapting their strategies to counteract the evolving tactics of counterfeiters who exploit the borderless nature of e-commerce. With online marketplaces continuing to grow, these legal actions remain a critical tool for companies determined to safeguard their trademarks globally.
Legal experts anticipate that the landscape of Schedule A lawsuits will continue to evolve, with increased jurisdictional diversity and possibly more nuanced legal frameworks emerging in response to the challenges identified. For legal professionals, staying informed about these developments is essential, particularly as more districts outside of Chicago become involved in adjudicating these complex cases.