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ericgoldman.bsky.social
Judge Kness recently blasted the SAD Scheme in a case brought by Eicher Motors. My coverage of that ruling:

blog.ericgoldman.org/archives/202...

In response, Eicher Motors unsurprisingly dismissed the case entirely

digitalcommons.law.scu.edu/cgi/viewcont...

#StopTheSADScheme
digitalcommons.law.scu.edu
August 26, 2025 at 2:16 AM
ericgoldman.bsky.social
Cross-Post: Court Rejects Schedule A Claims Against Sellers of Compatible Parts/Accessories

blog.ericgoldman.org/archives/202...

by @rtushnet.bsky.social

#StopTheSADScheme
Court Rejects Schedule A Claims Against Sellers of Compatible Parts/Accessories (Cross-Post) - Technology & Marketing Law Blog
[Cross posted with permission from Prof. Rebecca Tushnet’s Blog.] When they tell you that Schedule A cases are against counterfeiters, keep in mind that trademark owners are willing to call pretty muc...
blog.ericgoldman.org
August 24, 2025 at 2:15 PM
ericgoldman.bsky.social
In a blockbuster opinion, Judge Kness destroys the SAD Scheme, saying "the Schedule A mechanism should no longer be perpetuated in its present form" 🧵 1/18

blog.ericgoldman.org/archives/202...

[Personal note: the opinion cites my paper 15x ssrn.com/abstract=438... ]

#StopTheSADScheme
Judge Kness: the SAD Scheme "Should No Longer Be Perpetuated in Its Present Form"-Eicher Motors v. Schedule A Defendants - Technology & Marketing Law Blog
When I first encountered the SAD Scheme, I felt like Alice entering Wonderland. The scheme was so obviously whacked that I felt like I had tumbled into an upside-down jurisprudential world. I was sure...
blog.ericgoldman.org
August 11, 2025 at 2:22 PM
ericgoldman.bsky.social
I recently presented an updated version of my "SAD Scheme" talk at Peking University School of Transnational Law (PKU) in Shenzhen, China. My slide deck: www.ericgoldman.org/Speeches/SAD...

#StopTheSADScheme
www.ericgoldman.org
June 30, 2025 at 8:17 PM
ericgoldman.bsky.social
My new estimates re. Schedule A Defendants (SAD Scheme) cases:

* 7,700 total cases, 40% of those filed since 1/1/24 📈
* 1.5M SAD Scheme defendants
* $600M court filing fees not paid due to SAD Scheme
* 70% of cases are ™️ cases, 20% ©️, 10% patent
* 88% in N.D. Ill.

#StopTheSADScheme
Chart showing rise of SAD Scheme cases by year
June 10, 2025 at 3:47 PM
ericgoldman.bsky.social
Blog Post: SAD Scheme-Style Case Falls Apart When the Defendant Appears in Court—King Spider v. Pandabuy

blog.ericgoldman.org/archives/202...

#StopTheSADScheme
SAD Scheme-Style Case Falls Apart When the Defendant Appears in Court—King Spider v. Pandabuy - Technology & Marketing Law Blog
The parties’ names make this case sound more like a Hollywood blockbuster movie than a SAD Scheme-like case. This suit isn’t a classic SAD Scheme case because the plaintiffs went after the marketplace...
blog.ericgoldman.org
April 11, 2025 at 8:44 PM
ericgoldman.bsky.social
Blog Post: Judge Rejects SAD Scheme Joinder–Toyota v. Schedule A Defendants
blog.ericgoldman.org/archives/202...
#StopTheSADScheme
Judge Rejects SAD Scheme Joinder-Toyota v. Schedule A Defendants - Technology & Marketing Law Blog
Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. (Seriously, Toyota? Using abusive IP enforcement tactics? Do better). As I recently me...
blog.ericgoldman.org
November 25, 2024 at 7:04 PM
ericgoldman.bsky.social
Reuters: "Chicago judges are starting to push back against 'SAD' scheme in IP cases" #LFG #StopTheSADScheme
www.reuters.com/legal/litiga...
Stop Sign saying "Stop the SAD Scheme"
November 19, 2024 at 11:55 PM
ericgoldman.bsky.social
Blog Post: Another Judge Balks at SAD Scheme Joinder–Xie v. Annex A blog.ericgoldman.org/archives/202... #StopTheSADScheme
Another Judge Balks at SAD Scheme Joinder-Xie v. Annex A - Technology & Marketing Law Blog
[Note: the defendants in this case are enumerated on an “Annex A” instead of “Schedule A.” It’s a non-substantive difference in nomenclature, but it’s one of several reasons why I prefer the more gene...
blog.ericgoldman.org
November 17, 2024 at 3:04 PM
ericgoldman.bsky.social
Blog Post: Will Judges Become More Skeptical of Joinder in SAD Scheme Cases?–Dongguan Juyuan v. Schedule A #StopTheSADScheme

blog.ericgoldman.org/archives/202...
Will Judges Become More Skeptical of Joinder in SAD Scheme Cases?-Dongguan Juyuan v. Schedule A - Technology & Marketing Law Blog
[Like many of you, I am still trying to make sense of the election results. I’ll restart my normal blogging, but I’m having trouble focusing.] This is a design patent SAD Scheme case before Judge Jere...
blog.ericgoldman.org
November 8, 2024 at 3:06 PM
ericgoldman.bsky.social
I presented an updated version of my SAD Scheme talk to a group of sophisticated IP practitioners. As usual, none of them had ever heard of it--but they were angry by the time I was done #StopTheSADScheme

Talk slides (new!): www.ericgoldman.org/Speeches/sad...
Paper: papers.ssrn.com/sol3/papers....
April 6, 2024 at 6:04 PM
ericgoldman.bsky.social
Vice covers a merchant group's unexpected victory over Smiley's SAD Scheme lawsuit 🙃 www.vice.com/en/article/5... #StopTheSADScheme
The Etsy Sellers Getting Sued for Using a Smiley Face
When hundreds of people got hit by The Smiley Company for using its trademark, they decided to band together and fight back.
www.vice.com
January 25, 2024 at 2:15 PM
ericgoldman.bsky.social
Blog Post: A Judge Enumerates a SAD Scheme Plaintiff’s Multiple Abuses, But Still Won’t Award Sanctions–Jiangsu Huari Webbing Leather v. Schedule A Defendants bit.ly/3vvoMjP #StopTheSADScheme
A Judge Enumerates a SAD Scheme Plaintiff's Multiple Abuses, But Still Won't Award Sanctions-Jiangsu...
This is a SAD Scheme case. The plaintiff, Jiangsu Huari Webbing Leather, owns U.S. Patent No. 11,478,673 for an outdoor exercise product (“a rectangular-shaped buckle-and-belt mechanism, embodied in...
bit.ly
January 4, 2024 at 8:07 PM
ericgoldman.bsky.social
I'm glad to see additional media coverage of the SAD Scheme:

Variety: bit.ly/472u5oc

National Law Journal: bit.ly/3NykluM

#StopTheSADScheme
December 20, 2023 at 3:17 PM
ericgoldman.bsky.social
Luke Combs' IP enforcement team devastated a fan using the SAD Scheme bit.ly/3TnL5lq

The judgment looks virtually identical to countless other generic SAD Scheme default orders bit.ly/47UNJU9

My paper explaining the SAD Scheme bit.ly/3mCEful
#StopTheSADScheme
December 14, 2023 at 1:40 PM
ericgoldman.bsky.social
Luke Combs discovered that his enforcement team ruined a fan's life using the SAD Scheme bit.ly/3TnL5lq Combs is now trying to fix the damage, but he also should #StopTheSADScheme entirely
December 13, 2023 at 11:37 PM