| As NASCAR Sues Over Merch
Trademarks Schedule A Defendants
Nowhere to be Seen
by
Matthew Russell Lee, Patreon Book
Substack SDNY
COURTHOUSE,
June 30 รข Across the US
Federal court system there is
a proliferation of "Schedule
A" trademark cases. On June
30, Inner City Press covered
one by NASCAR against a slew
of defendant who did not make
an appearance. Therefore, a
single tweet, here. This complaint as
filed contains redactions and
photographs of allegedly
counterfeit merchandise --
baseball caps, T-shirts, hats
bearing the racing
organization's marks. The
defendants, scores of online
storefronts with names like
"BumeZent A," "Crongshop" and
"Easylinkk," did not appear, In the related
HMS Holdings' case, Judge
Torres' June 3 TRO spelled it
out: the unredacted complaint,
the Schedule A defendant list,
the exhibit "showing the
Seller Aliases' infringement,"
and a declaration exhibit
showing the plaintiff's
efforts to verify defendants'
addresses "shall be sealed and
remain sealed until the
Defendants' Accounts and the
Defendants' Assets are
restrained." Both cases
also illustrate how routine
the mechanism has become. The
NASCAR case was filed April
16; a sealing motion and TRO
followed April 20; the
preliminary injunction hearing
was then continued at least
twice -- June 5 and June 9
minute orders show "Continue"
entries -- before a bond was
posted June 17, an amended
complaint and request for
summons came in June 28, and
Tuesday's hearing was finally
set for June 30 at 11 a.m. The HMS Holdings
case followed nearly the
identical arc: filed May 27,
sealed and TRO'd June 3,
continued from a June 15
hearing date to June 29
"jointly with the related
cases, 26 Civ. 3948, 26 Civ.
4291, and 26 Civ. 3111." NASCAR alone has
filed at least six separate
Schedule A actions in SDNY
since April, case numbers
26-cvp2955, 3111, 3439, 3811,
3948, 4291 and 5428. HMS
Holdings shows a similar
pattern: 26-cv-3011, 3777,
4243, 4421 and 5432. The
volume suggests an
assembly-line approach to
enforcement - Inner City Press
will continue to monitor these
cases, like many others. This case: National
Association
for Stock Car
Auto Racing,
LLC v. The
Individuals,
Corporations,
Limited
Liability
Companies,
Partnerships,
and
Unincorporated
Associations
Identified on
Schedule A,
26-cv-3111
(Torres)
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