The controversial legal tactic The Trump Organization is using to take down fake merch
The Trump Organization apparently isn't too pleased.
A lawsuit filed last week claims online sellers on platforms like eBay, Amazon, and Walmart are hawking goods that infringe on the Trump Organization's trademarks.
'Defendants design the online marketplace accounts to appear to be selling genuine TRUMP Products while selling inferior imitations of such products,' the suit, filed in US District Court in Florida, reads.
But The Trump Organization's lawsuit isn't your run-of-the-mill trademark case — look at the filing and you won't find a list of sellers the firm is going after. Instead, there's a vague stand-in for the defendants: 'The individuals, corporations, limited liability companies … identified on Schedule A.'
The Trump Organization is jumping on a relatively recent legal trend that has swamped certain corners of intellectual property law. I wrote about Schedule A cases in a feature published last week on dupes, as well as a Vergecast segment featuring law professor (and Schedule A expert) Sarah Fackrell.
These lawsuits are a way to go after dozens, hundreds, or even upwards of a thousand online storefronts all at once, making it much cheaper for plaintiffs. Schedule A suits are regularly filed under seal, meaning there isn't the same level of public transparency. At times, plaintiffs have been able to get extraordinary remedies in court, like getting defendants' assets frozen — including in a case I wrote about where an Amazon seller was unable to withdraw $50,000 in earnings.
These types of lawsuits get their name from the separate 'Schedule A' form that's filed to court — often under seal — listing all the online storefronts being sued. While it's true that the web is filled with knockoffs, some experts have argued that Schedule A suits at times go overboard and raise due process concerns for the entities being accused of selling infringing products.
I'm not a judge or a trademark expert, so I will make no judgment on the merits of The Trump Organization's claims. But it's fascinating to see the president's private business take up the same legal tactic that's used by brands like Nike. Fake (or, to be more precise, unauthorized) Trump merch feels part and parcel with the MAGA ecosystem, whether it's a homemade Trump yard sign or bloody post-assassination attempt pictures being plastered on T-shirts for sale on Etsy.
Then again, perhaps it's no surprise The Trump Organization would want to consolidate where its MAGA merch is being sold: hawking Trump-themed products is just part of being president now.
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