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PODCAST · 03 NOVEMBER 2026

Schedule A Litigation: The Courts Strike Back (Podcast)

Mayer Brown
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Hosts Rich Assmus and Kristine Young examine the dramatic transformation of Schedule A litigation, from its emergence as an efficient mechanism for combating online counterfeiting to recent judicial decisions that have fundamentally challenged its procedural validity. The episode explores landmark rulings including Eicher Motors and Kangol v. Hangzhou Chuanyue, analyzing how courts are rebalancing IP enforcement efficiency...

United StatesIntellectual Property
Richard M. Assmus
Richard M. Assmus
Kristine Young
Kristine Young
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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

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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