Show threadSarah Fackrell5d ago
Oh and here we go with the #CounterfeitRhetoric:
Show threadSarah FackrellMay 8
Chalk this one up as another example of #CounterfeitRhetoric.

The Counterfeit Sham
The Counterfeit Sham

There’s a new front in the IP rhetoric wars. Plaintiffs in “Schedule A” cases tell judges that they need to secretly seize the assets of hundreds of defendants

Show threadSarah FackrellOct 8, 2025
So it looks like this one was *not* filed under seal. And it only names one defendant, so I wouldn't call it a Schedule A case. But it's definitely against an online seller. And it's got #CounterfeitRhetoric.
Show threadSarah FackrellSep 29, 2025
The new DNJ standing order starts with some language that seems to be influenced by the #CounterfeitRhetoric we've seen in this space: www.njd.uscourts.gov/sites/njd/fi... Reminder: Not all #ScheduleA cases involve actual (or even alleged) counterfeiting: harvardlawreview.org/print/vol-13...
Show threadSarah FackrellAug 19, 2025
The brief leans heavily on the idea that there are "unique circumstances and problems caused by offshore, Internet-based counterfeiters." Of course, not all #ScheduleA cases are counterfeiting cases. #CounterfeitRhetoric
Show threadSarah FackrellJul 31, 2025
Another example of the pervasiveness of #CounterfeitRhetoric?
Sarah FackrellJul 23, 2025
Judge Gottschall (NDIL) has changed the title of her #ScheduleA standing order to add the phrase "counterfeit product." Old: www.ilnd.uscourts.gov/_assets/_doc... New: www.ilnd.uscourts.gov/_assets/_doc... (h/t @ericgoldman.bsky.social) #CounterfeitRhetoric
Show threadSarah FackrellApr 11, 2025
For a longer explanation (and why this kind of #CounterfeitRhetoric is a problem), see: harvardlawreview.org/print/vol-13...

The Counterfeit Sham - Harvard...
Bluesky

Bluesky Social
Sarah FackrellDec 12, 2024
The final version of "The Counterfeit Sham" is now available here: https://harvardlawreview.org/print/vol-138/the-counterfeit-sham/ #LawProfs #LegalScholarship #CounterfeitRhetoric #Schedule A
The Counterfeit Sham - Harvard Law Review

Abstract There’s a new front in the IP rhetoric wars. Plaintiffs in “Schedule A” cases tell judges that they need to secretly seize the...

Harvard Law Review
Show threadSarah FackrellOct 26, 2024

You can read an older draft here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

#DesignPatents #CounterfeitRhetoric #LegalScholarship

The Counterfeit Sham

There’s a new front in the IP rhetoric wars. Plaintiffs in “Schedule A” cases tell judges that they need to secretly seize the assets of hundreds of defendants