Mastodawn

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.

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Sarah Fackrell Sep 29

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...

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Sarah Fackrell Aug 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

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Sarah Fackrell Jul 31, 2025

Another example of the pervasiveness of #CounterfeitRhetoric?

Sarah Fackrell Jul 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

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Sarah Fackrell Apr 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...

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Sarah Fackrell Dec 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

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Sarah Fackrell Oct 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

Sarah Fackrell Aug 9, 2024

Looking forward to presenting my forthcoming article, "The Counterfeit Sham" at #IPSC2024 today.

Draft available here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

And I guess now is as good a time as any to share: I'm rebranding!

I'll be publishing this article as "Sarah Fackrell" (FACK-rull).

The best is yet to come.

#DesignPatents #CounterfeitRhetoric #LawFedi

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

Sarah Fackrell Jul 29, 2024

Counterfeit rhetoric, utility patent personal jurisdiction edition:

https://patentlyo.com/patent/2024/07/jurisdiction-undermines-counterfeiting.html

(For more on why patent infringement is not the same as counterfeiting, see https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909)

#PatentFedi #CounterfeitRhetoric