Art Ask Agency v. Schedule A Does, No. 25 C 4359, Slip Op. (N.D. Ill. Oct. 9, 2025) (Coleman, J.).
Judge Coleman denied plaintiff Art Ask Agency’s motion for default judgment and dismissed Art Ask Agency’s Schedule A copyright case for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2). The Court held that screenshots of Temu listings and allegations that products “could be” sold into Illinois were inadequate without proof of an actual Illinois sale or shipment.
Key IP Rulings and Implications. The Court did not reach the merits of the copyright claim because personal jurisdiction was lacking. Consistent with the Northern District’s evolving treatment of marketplace cases, the opinion underscores that plaintiffs must substantiate purposeful availment with more than a product page showing the ability to ship to Illinois. In copyright cases, as in trademark Schedule A cases, a test purchase or comparable sales evidence into Illinois remains the gold standard for establishing jurisdiction. The Court emphasized that specific jurisdiction is a defendant-focused inquiry requiring a nexus between forum contacts and the alleged infringement. Screenshots with an Illinois address field, absent purchase confirmation or shipping records, do not establish that nexus. The Court’s refusal to enter default judgment without personal jurisdiction reflects a broader trend of increased scrutiny at the default stage in Schedule A actions. Plaintiffs who cannot meet the jurisdictional threshold will likely see their cases dismissed irrespective of default status.
Practice Pointers. Plaintiffs should plan for admissible evidence of at least one Illinois transaction tied to the alleged infringing listing, preferably authenticated by declaration or affidavit. In other words, obtain and paper a test purchase before seeking ex parte relief or default judgments, and ideally before filing suit. Defendants should review marketplace histories for Illinois sales and, if none exist, move promptly to contest jurisdiction and to dissolve asset restraints predicated on insufficient contacts.