Being sued in a Schedule A lawsuit can put online sellers and businesses into a tricky position and often leaves them with very little action to take. Historically, defendants have defaulted or settled quickly but now, that is beginning to change. Courts are increasingly demanding thoroughness from plaintiffs and allowing defendants opportunities to be heard. Those who act expeditiously with experienced counsel and challenge weak procedural foundations can often reduce or even eliminate severe consequences.

In mid-2025, the Northern District of Illinois saw a hiccup in the procedures of Schedule A litigation. A stay was placed on all cases which created immediate and lasting impact for rights holders. As of right now the stay is still in effect and while it’s still possible to utilize Schedule A litigation, firms that are positioned to litigate contested cases are best positioned to guide clients through the next phase of online Intellectual Property enforcement.

We are excited to announce that 14 of our talented attorneys have been selected as 2026 Super Lawyers and Rising Stars!

The Hispanic and Latino populations are one of the most impactful economic groups in the nation with Hispanic and Latino owned businesses rising 14.6% from 2021 to 2022. Yet, despite this growth, they are still underrepresented in the trademark system with many barriers to entry. This produces harmful consequences for business owners. Anthony Wenn analyses this issue and why it's important to advocate for more awareness.

Under the new leadership of USPTO Director Coke Stewart, discretionary denial practice is undergoing a major shift. Before a petition challenging a patent can even reach the merits, it must first survive a separate review by the Director’s Office. This new bifurcated process could significantly reshape how and when patents are challenged and whether they face full PTAB review.