Schedule A Design Patent Litigation Attorneys
Take swift legal action to stop copycats and counterfeiters. Our attorneys use Schedule A litigation in the Northern District of Illinois to freeze infringing seller accounts, enforce your registered design patents, and recover damages.
Freeze unauthorized seller accounts. Recover lost profits. Stop online design patent infringement with precision legal enforcement across Amazon, Temu, AliExpress, and more.
What Is a Schedule A Design Patent Case?
A Schedule A design patent case is a powerful legal tool used to stop widespread design patent infringement, particularly across online marketplaces like Amazon, Temu, and AliExpress. These cases are typically filed in the United States District Court for the Northern District of Illinois (NDIL), allowing the plaintiff to take swift action without alerting infringers in advance.
The term "Schedule A" refers to a sealed list of infringing defendants—often dozens or even hundreds—who are engaging in unauthorized sales of products that violate a registered design patent. This complaint enables the court to issue a sealed Temporary restraining order (TRO) early in the case, which can immediately freeze marketplace accounts, domains, and payment processor funds before the sellers can disappear or move assets.
Under 35 U.S.C. § 271, any party that makes, uses, sells, or imports a product that infringes on a valid design patent can be held liable. Plaintiffs in Schedule A cases can also seek remedies under 35 U.S.C. § 289, which entitles them to recover the total profits made by the infringing parties.
Unlike utility patents, which protect functional aspects of a product, design patents protect the unique ornamental appearance of an item. They are particularly effective in online infringement cases because counterfeiters often replicate only the look of a product without copying its function. For a deeper look at what design patents cover and how to obtain them, see our design patent basics page. In addition, in design patent cases (unlike utility patent cases), an asset freeze can be obtained. Design patent enforcement through Schedule A litigation is therefore a preferred method for inventors, Amazon sellers, and private-label brand owners who discover knockoff versions of their products being sold online.
Design patents are one type of intellectual property; to learn how they differ from utility patents and other filings, see our types of patents page.
Why Design Patents Are a Common Target
Design patents are among the most frequently infringed forms of intellectual property in e-commerce. Their visual nature makes them especially vulnerable to copying, particularly by sellers operating on platforms such as Amazon, Temu, AliExpress, and Etsy.
Unlike utility patents, which require duplicating function, design patents can be infringed simply by mimicking the appearance of a product. Counterfeiters often create nearly identical replicas of popular items, using similar shapes, patterns, or ornamental features. These copied designs are then listed online with unauthorized images and deceptive branding, making it difficult for customers to distinguish the original product from the fake.
This form of design patent counterfeit activity poses a serious risk to legitimate businesses. It can erode brand reputation, divert sales, trigger negative reviews, and even lead to the suspension of authentic listings. The financial damage caused by online infringement grows rapidly, especially when infringing sellers are allowed to operate unchecked across multiple platforms.
As a result, many sellers turn to Schedule A litigation to protect their rights. Through court-backed legal action, infringing products can be removed, storefronts disabled, and profits recovered from unauthorized sellers.
To learn about our broader efforts to combat counterfeit goods across marketplaces, see our counterfeiting law services.
Common Signs of Design Patent Infringement
Design patent infringement is often easy to spot, but it can go unnoticed until sales drop or listings are flagged. Infringers typically attempt to mimic the visual aspects of a patented product, leading to deceptive and unfair competition in online marketplaces.
Here are the most common signs your design patent may be under attack:
If you're noticing side-by-side similarities between your product and a competitor’s listing, you may be looking at a counterfeit version or infringing copy. Our firm regularly supports clients in identifying and removing lookalike design listings through legal enforcement.If you're uncertain whether your design has been infringed, our attorneys can guide you through the process of investigation and protection.
Our Legal Process for Schedule A Cases
At Sherinian Law, our legal team follows a proven, court-backed strategy to stop online infringement fast and recover damages for our clients. Our process for handling Schedule A design patent cases is structured, aggressive, and compliant with federal rules particularly in the Northern District of Illinois.
Here’s how our process works from start to finish:
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1
Evidence Collection
We begin by collecting detailed evidence of infringement screenshots of listings, seller names, marketplace URLs, and any signs of unauthorized use of your design. This documentation forms the basis for our legal filing and future enforcement.
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2
Filing Under Seal (NDIL)
A Once evidence is gathered, we prepare a complaint and other supporting documents some of which are filed under seal with the United States District Court for the Northern District of Illinois. The sealed nature of the filing ensures infringers are not alerted in advance, preserving the surprise element essential to court-ordered remedies.
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3
TRO & Preliminary Injunction
We promptly request a temporary restraining order (TRO) and preliminary injunction. If granted, the court can instruct marketplaces and payment processors to block infringing activity—without prior notice to defendants.
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4
Account Freezes on Major Platforms
Once approved, we serve orders on Amazon, PayPal, Temu, AliExpress, and others to trigger account freezes, asset restraints, and listing takedowns—preserving ill-gotten profits for potential recovery.
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5
Default Judgment, Settlement, or Enforcement
If infringers fail to appear in court, which is common, we move for a default judgment. This may include permanent injunctions, statutory damages, and the release of frozen assets to the client. In some cases, we negotiate favorable settlements or pursue further enforcement through international channels.
Swift, court-backed enforcement—tailored to your case
Whether you’re looking to sue an Amazon seller, recover lost profits, or protect your brand from copycat products, our litigation strategy ensures swift and decisive action. or other forms of design patent infringement lawsuits beyond the Schedule A process, our experienced patent infringement attorneys can help you pursue damages and injunctive relief.
Case Studies: Real Litigation Results
Our law firm has successfully litigated dozens of Schedule A design patent cases before the United States District Court for the Northern District of Illinois, obtaining powerful court orders that have shut down counterfeit operations and recovered substantial damages for our clients. Below are anonymized examples demonstrating how our enforcement strategy delivers real-world results:
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$1M+
Default Judgment on Amazon Design Infringement
In a case involving an Amazon seller replicating a patented product's unique appearance, we filed and secured a temporary restraining order within 48 hours. The court later entered a default judgment, awarding the client statutory damages and granting a permanent injunction to prevent future sales of infringing goods. Assets frozen on Amazon and PayPal were released to our client under court order. Total collections were more than $1 million.
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§ 289
Asset Freeze & Injunctive Relief Against Temu Seller
Using evidence of visual imitation and stolen images, we pursued Schedule A litigation against multiple sellers on Temu. The court granted a TRO, and payment processors were ordered to freeze associated accounts. The case concluded with a default judgment, and our client was awarded relief under 35 U.S.C. § 289, allowing recovery of profits earned by infringing parties.
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TRO & PI
Walmart Marketplace Design Copying
In a recent filing involving Walmart’s third-party marketplace, our team obtained a sealed temporary restraining order followed by a court-ordered preliminary injunction. The defendants failed to appear, and a default judgment was secured. The infringing storefronts were permanently removed, and the court released seized funds to our client.
These cases show the effectiveness of a well-drafted Schedule A strategy in design patent litigation. Through rapid action, sealed filings, and enforcement orders, we protect our clients from knockoffs and recover what is rightfully theirs.
What Damages and Remedies Can You Get?
A successful Schedule A design patent lawsuit can result in powerful remedies that protect your intellectual property, recover your losses, and penalize counterfeiters.
When our firm litigates these cases, we pursue every available form of relief to ensure maximum enforcement and compensation. Here’s what you may be entitled to:
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Profits Under 35 U.S.C. § 289
In design patent cases, plaintiffs can recover the total profits earned by the infringer, not just lost sales. This means you can recover profits generated from counterfeit listings, even if your business didn’t directly lose those sales.
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Permanent Injunctions
Once a court confirms infringement, it may issue a permanent injunction to prevent further production, sale, or marketing of infringing items.
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Platform-Wide Injunctive Relief
The court can direct platforms such as Amazon, Temu, Walmart, and AliExpress to disable product listings, remove storefronts, and block the creation of new accounts tied to infringing sellers. These platform injunctions help eliminate widespread abuse and prevent relisting.
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Domain and Store Seizure
With a court order, infringing domain names and e-commerce storefronts may be seized or transferred to the rightful IP owner. This helps stop long-term damage to your brand and redirects search visibility to your authentic products.
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Legal Fees Recovery
In cases involving willful infringement or default judgment, courts may award reasonable attorney’s fees and costs, reducing the net financial burden of enforcement on your business.
These remedies are more than just legal victories, they are strategic tools that allow rights holders to recover profits, preserve reputation, and protect market share through direct IP enforcement.
Marketplaces and Platforms We Target
Online marketplaces have made it easier than ever for counterfeiters to profit by copying patented designs. Our firm takes direct legal action across major e-commerce platforms to protect our clients’ intellectual property and disrupt infringing sales at the source.
Here are the platforms we regularly pursue through Schedule A litigation:
Amazon – We help clients sue Amazon sellers who list counterfeit versions of patented products. With a court order, we freeze their accounts and recover profits from infringing sales.
Temu – If your product has been cloned and listed on Temu, we can remove counterfeit versions on Temu through asset freezes, injunctive relief, and domain takedowns.
Walmart Marketplace – We take enforcement action when third-party vendors on Walmart list products that violate design patents.
TikTok Shop – As short-form commerce rises, so does the spread of unauthorized replicas. We target sellers on TikTok Shop who use trending visibility to market infringing items.
Etsy – Etsy is a growing hub for knockoff consumer goods. We assist clients in stopping design patent infringement on Etsy through formal court orders.
Shein – Fast fashion sites like Shein are frequently flagged in online marketplace lawsuits. Our team helps brands address infringement swiftly and decisively.
Walmart Marketplace – We take enforcement action when third-party vendors on Walmart list products that violate design patents.
TikTok Shop – As short-form commerce rises, so does the spread of unauthorized replicas. We target sellers on TikTok Shop who use trending visibility to market infringing items.
Our ability to enforce across multiple platforms in one coordinated action gives our clients a unique advantage. Whether your product is being replicated on Amazon or mass-distributed across international sellers, we bring the legal tools to shut it down, fast and effectively.
Who We Represent
Our firm proudly represents a wide range of clients who rely on design patents to protect their intellectual property in the digital marketplace. Whether you're an individual creator or managing a growing eCommerce operation, we provide aggressive and strategic patent enforcement for online sellers.
Our clients include:
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Patent Holders
If you own a registered design patent with the United States Patent and Trademark Office (USPTO), we help you take swift legal action to protect it from unauthorized use.
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Amazon Private Label Sellers
We work with sellers who build product lines under their own brands and face threats from copycat listings and counterfeiters across Amazon’s global marketplaces.
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Product Designers
Independent designers and inventors trust our firm to enforce their design rights and protect product designs that are frequently copied without permission.
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eCommerce Brand Owners
From lifestyle goods to tech accessories, we represent digital-native brands that need strong legal protection to maintain their market share.
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Patent Portfolio Investors
We assist individuals and companies who acquire design patent portfolios and require effective legal strategies for licensing, monetization, and counterfeit defense.
Why Sherinian Law?
When it comes to enforcing design patents against online counterfeiters, Sherinian Law is a name trusted by inventors, eCommerce brands, and private label sellers across the country.
Here’s why clients choose us as their go-to Schedule A litigation attorneys:
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Specialists in NDIL Schedule A Litigation
We have handled numerous cases in the Northern District of Illinois (NDIL) — the federal venue that pioneered Schedule A procedures. Our filings are precise, timely, and strategically sealed to maximize asset restraint and surprise enforcement.
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Proven Track Record with TROs and Default Judgments
Our firm has secured temporary restraining orders (TROs) and default judgments in high-stakes cases involving Amazon, Temu, Walmart, and other platforms. We move fast — often freezing assets within days of filing.
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Design Patent Focus with Chicago-Based Team
As an established design patent law firm in Chicago, our attorneys understand both the technical and commercial aspects of protecting ornamental innovation. If you’re in Illinois and need local guidance on design patent enforcement, speak with a Chicago patent lawyer for a confidential consultation. We pair legal acumen with business-minded strategies to stop infringement and recover lost profits.
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Cross-Border Enforcement Experience
Many infringers operate outside the United States. We know how to pursue them, even when they hide behind international payment processors, fake names, or shell storefronts.
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Strategic Enforcement Across Platforms
From Amazon to TikTok Shop, we coordinate multi-platform enforcement under one unified legal strategy. As a full-service IP firm for Amazon sellers and online brands, we ensure you don’t have to chase infringers across multiple venues.
When you work with Sherinian Law, you gain more than just a design patent lawyer, you gain a litigation team dedicated to protecting your ideas and preserving your competitive edge in the digital marketplace.
Frequently Asked Questions
A Schedule A design patent case refers to a lawsuit filed under seal in the Northern District of Illinois to stop widespread infringement by multiple online sellers. It allows the patent owner to seek emergency court orders—such as restraining orders and account freezes—before infringers are even notified. These cases are commonly used to protect unique product designs from unauthorized sales on platforms like Amazon, Temu, and AliExpress.
Yes. If an Amazon seller is offering a product that copies the ornamental features protected by your registered design patent, you can file a federal lawsuit to stop them. Our firm has helped numerous clients sue Amazon sellers, freeze their accounts, and recover profits from infringing sales.
In most cases, we can file the lawsuit under seal and request a temporary restraining order (TRO) within 24 to 72 hours. Once granted, the TRO can be served to marketplaces and payment platforms to freeze accounts, disable listings, and prevent further damage.
Under 35 U.S.C. § 289, design patent holders are entitled to the total profits earned by the infringer from sales of the copied product. This is often more substantial than lost profits and serves as a powerful deterrent to counterfeiters.
We use a combination of visual comparisons, screenshots of infringing listings, product images, and metadata. If the design is substantially similar in appearance to your patented product, it may qualify as infringement. Our legal team handles the collection, preservation, and presentation of this evidence in court.
Yes. Most Schedule A infringers operate outside the U.S., including in China. U.S. courts can still issue binding orders to international sellers when they target U.S. consumers or operate on platforms with a U.S. presence. We routinely obtain injunctive relief and account freezes even when the sellers are located overseas.