SAD suits cause court clog
Bea Swedlow and David Roulo, 2023 - Bea Swedlow is a partner and David Roulo is an associate at Honigman LLP“Concerns Emerging On TM Cases Against Undisclosed Parties” Law360 Expert Analysis - Corporate, 6/21, Nexis Uni, accessed via University of Michigan //DH
Given the debatable success of these cases in curbing counterfeiting, courts and Congress could view Schedule A suits as a drain on judicial resources. Prior to 2012, the Northern District of Illinois saw an average of 150 trademark cases a year. Now the average is well over 700, with almost 90% being Schedule A cases.
As this phenomenon spreads to other jurisdictions, the current pace and volume could become unsustainable. As such, Congress may need to consider a legislative solution that has the dual effect of combating counterfeits and preserving judicial resources. It could look to patent law for guidance.