Page 13 - Kattison Avenue Newsletter - Spring 2026 - Issue 16

is one of many courts across the country that have come to motion is made after the tour begins, once John Doe is present,
particularly disfavor this aspect of the Schedule A scheme. and the injury is concrete and ongoing.

Sixth, any complaint filed must be accompanied by a declaration Applying Summer Concert Lessons to the
from counsel, identifying: any pending cases brought by the World Cup
plaintiff(s) against any of the named defendants prior to this suit,
the case number(s), whether the intellectual property at issue is Against the backdrop of mounting judicial skepticism toward the
the same, and the status and disposition of the other case(s) (e.g., online Schedule A model and New Jersey’s reformed procedural
pending, settlement, dismissal or other disposition). landscape, the World Cup creates the conditions for the Schedule
A enforcement tool to return to its original purpose.
Judge Bumb’s concerns are clearly tied to the targeting of online
sellers and insufficient contacts with the forum state. However, Like summer concert tours, the World Cup will invite massive
when it comes to John Doe’s physical presence outside of physical-venue counterfeiting opportunities, as opposed
MetLife Stadium, counterfeit merchandise in hand, the equation to online counterfeiting. John Doe, as an in-person seller, is
changes. identifiable (or at least locatable), present in the jurisdiction
and engaged in conduct the court can observe. The Springsteen
Merch Traffic, LLC v. John Doe: case should serve as a template for mark owners with stakes
The Boss Wins in New Jersey in the World Cup — seek targeted, venue-specific relief with a
cognizable geographic and temporal scope. The deficiencies with
A recent case shows that when mark owners follow the lessons
the online Schedule A scheme that Judge Bumb’s Order seeks
of last summer and pursue in-person bootleg merchandisers
to target are addressed under this in-person model. Personal
after a tour has commenced, injunctive relief is still attainable,
jurisdiction problems fall away when defendants are physically
even in the District of New Jersey.
operating in the forum; joinder problems fail to materialize
On April 9, Plaintiff Merch Traffic, LLC filed suit against Doe when a plaintiff targets sellers at the same event; and service of
defendants in the District of New Jersey, seeking a preliminary process is not subject to heightened scrutiny when sellers are
injunction against bootleg merchandisers selling counterfeit personally served by law enforcement at the time of seizure.
Bruce Springsteen tour merchandise. On April 13, US District
The World Cup thus offers mark owners an opportunity to obtain
Judge for the District of New Jersey Evelyn Padin granted
ex parte seizure relief within proper procedural constraints.
a preliminary injunction and seizure order, authorizing
That is, if practitioners prepare accordingly by investing in
law enforcement to confiscate bootleg Bruce Springsteen
pre-suit investigation and collecting evidence of contacts with
merchandise outside venues on Springsteen’s tour. Critically,
the forum, setting the stage for personal jurisdiction and later
Plaintiff Merch Traffic, LLC filed the complaint after the tour and
compliance with Rule 11. Upon filing of complaints, specificity
the defendants’ infringing activities had begun. Judge Padin’s
and particularized facts collected during the investigative period
Order barred defendants and their agents from using the mark
are critical. Litigants should request relief tailored to the harm,
“Bruce Springsteen & the E Street Band” on or in connection
with geographic and temporal limitations, specifically identifying
with the sale, manufacturing or distribution of any clothing or
the upcoming matches and their locations.
other merchandise bearing the mark. Further, the Order allowed
law enforcement to seize and impound infringing merchandise. The World Cup has the potential to generate a wave of physical-
The Order also set specific boundaries for the relief granted, venue enforcement cases that may restore some judicial goodwill
with seizure permitted within a four-mile radius of the venues, toward the Schedule A scheme, with the first match on US soil
from four hours before to four hours after a performance. Law being USA v. Paraguay at SoFi Stadium (referred to by FIFA as
enforcement was ordered to serve a copy of the Order, together Los Angeles Stadium) in Inglewood, CA. The Schedule A model
with the complaint, at the time of seizure. Defendants served of enforcement has rapidly transformed over the last 15 years,
were permitted to object and move for relief within 10 days of opening a Pandora’s Box of procedural shortcuts. Courts around
seizure. the country have made clear that enough is enough. This summer,
mark owners who embrace transparency, proportionality and
The successes of Springsteen this summer and Phish last
specificity may find courts are more likely to grant relief than
summer indicate that obtaining a seizure and restraining order
throw up a red card.
for defined tour dates across the country is possible where the

13