11th Circuit Sidesteps the SAD Scheme’s Problems–Ain Jeem v. Schedule A
The plaintiff enforces Kareem Abdul-Jabbar’s IP rights. It is indeed “sad” to see a living legend like Kareem degrade his legacy by participating in a bottom-feeding operation like the SAD Scheme. The plaintiff filed a SAD Scheme case in 2021…
Another Shill Article Tries to Normalize the SAD Scheme
I note the posting of a draft article, which (unfortunately) has been accepted for publication by the Fordham Intellectual Property, Media & Entertainment Law Journal, entitled “Beyond the Brick-and-Mortar Paradigm: The Legal and Procedural Foundations of Schedule A Litigation in…
The Initial Interest Confusion Doctrine Refuses to Die
Continuing my recent critical coverage of the initial interest confusion doctrine, here are a few more rulings on the subject. Hoffmann Brothers Heating and Air Conditioning, Inc. v. Hoffmann Air Conditioning & Heating, LLC, 2025 WL 2587109 (8th Cir. Sept….
‘Initial Interest Confusion’ Is More of a Vibe Than a Credible Legal Doctrine–Penn State v. Vintage Brand
This is a merchandise “counterfeiting” case. In a prior ruling in this case, a “jury determined that Defendants had willfully violated Penn State’s trademark and awarded Penn State $28,000 in compensatory damages.” The defendants challenged the jury results, including Penn…
Using a Meme in Your Advertising? Clear the Publicity Rights–FJerry v. Oasis Energy
This case involves a photo from the “Dude With Sign” meme series, featuring Seth Phillips in the titular role: An advertiser, Oasis Energy, modified the meme to promote its offerings in two social media posts: FJerry owns both the copyright…
SAD Scheme Cases Are a Cesspool of IP Owner Overreaches–Nike v. Quanzhou Yiyi Shoe Industry
As part of their overall proclivity towards rights accretion, IP owners routinely stretch legal doctrines and request overreaching remedies. When IP owners proceed in court without opposition, they sometimes get away with those overreaches. But when a judge calls out…
District of New Jersey Adopts SAD Scheme Standing Order
[A reminder that I am collecting SAD Scheme standing orders. If you have seen one, can you please email it to me even if you think I might have seen it before? TIA.] In re: “Schedule A” Cases Standing Order…
Court “Sanctions” SAD Scheme Judge Shopping—Crimpit v. Schedule A Defendants
Another SAD Scheme plaintiff has been caught judge-shopping. The court’s timeline: March 10, 2025: plaintiff files a SAD Scheme complaint in SDFla, Miami division, that is assigned to Judge Ruiz. March 12, 2025: plaintiff files the sealed Schedule A enumerating…
Chicago-Kent SAD Scheme Symposium TOMORROW
Tomorrow, the Chicago-Kent Law Review is hosting an online symposium entitled “Unsealing Schedule A.” Follow the link for free registration. I’m not speaking at the event, but I plan to attend and will likely be active during Q&A. I encourage…
Amicus Brief Urges Seventh Circuit to Award Attorneys’ Fees in SAD Scheme Case–Louis Poulsen v. Lightzey
Prof. Betsy Rosenblatt (Case Law) and I filed an amicus brief supporting the Seventh Circuit appeal of a SAD Scheme defendant. The amicus brief was drafted by Wesley Johnson and the team at Cross-Border Counselor LLP. Note: We found out…