Page 10 - Kattison Avenue Newsletter - Spring 2026 - Issue 16

The 2026 FIFA World Cup: Kick Off for Seizure Season 2026

By Matthew Messina

Kick-off of the FIFA World Cup 2026 is almost here. The 2026 Trademark owners looking to enforce their rights and protect
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tournament marks the first time three nations will jointly host their brands, from the International Federation of Association
soccer’s most significant event, with the United States hosting Football (FIFA) to national federations to sponsors, have
for the second time, alongside North American neighbors powerful enforcement tools at their disposal, but none more
Mexico and Canada. Over the course of six weeks, the United powerful and immediate than the “Schedule A” litigation scheme.
States will host 78 matches across 11 cities from coast to coast. However, courts have become increasingly skeptical of Schedule
A litigation, and are making rulings and imposing standing orders
systematically limiting the scheme’s reach. This summer’s World
Cup is an opportunity for mark owners to use the Schedule A
tool as it was originally intended, targeting John Doe outside
venues. For trademark and brand owners, the work should begin
well before any complaint is filed, with counsel investigating
potential sellers, collecting evidence of contacts with the forum,
documenting John Doe and his agents, purchasing samples of
infringing merchandise, preparing witness affidavits and shaping
any requested relief around the relevant geography, timing and
upcoming matches.

For the last fifteen years, at least, mark owners have been
employing a creative combination of Federal Rule of Civil
Procedure 65 and the Trademark Counterfeiting Act of 1984 to
counteract bootlegging, and seize and restrain ongoing sales of
counterfeit merchandise. Typically, the complaint names “John
Does 1–100, Jane Does 1–100, and XYZ Company” as defendants,
attaching a sealed list of defendants as “Schedule A.” This
mechanism combines five unusual, often disfavored, litigation
tactics: 1) emergency proceedings, 2) ex parte seizure orders, 3)
seizure without deprivation hearings, 4) Doe defendants, and 5)
nationwide restraining orders. Merchandisers and brand owners
see this strategy as one of the only ways to effectively stem the
flood of illegal, bootleg merchandise by sellers who are not easily
identifiable and who may not be susceptible to normal service of
process and litigation practices.

Alexandre Rotenberg/Shutterstock.com
Last summer, dubbed the Summer Concert (Seizure) Season,
artists and promoters were denied nationwide temporary
The tournament will culminate in New Jersey at MetLife Stadium restraining orders (TRO) against John Doe before summer tours
in East Rutherford. At each match, in each city and outside each began, amid increasing judicial skepticism of the Schedule A
venue, you can expect to meet counterfeit merchandiser John scheme. From this, we learned that more narrowly tailored
Doe, ready to sell counterfeit World Cup merchandise to any enforcement methods were necessary. Hypothetical injury
willing purchaser on their way into and out of the stadium. and conclusory allegations based on past experiences were not
enough to pass judicial scrutiny. To successfully obtain a TRO,

10 Kattison Avenue | Spring 2026