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Corporate Governance › Intellectual Property Litigation › Lanham Act

Farella Braun + Martel LLP

Two's A Crowd: The Pitfalls of Trademark Co-Ownership

Farella Braun + Martel LLP on

Often, individuals joining together on a project believe they should each own the name they choose. Indeed, it only seems fair. But having multiple owners of a single trademark is a recipe for trouble, and the partners would...more

Fitch, Even, Tabin & Flannery LLP

The Supreme Court Clarifies Definition of “Defendant’s Profits” Under the Lanham Act

Fitch, Even, Tabin & Flannery LLP on

On February 26, the U.S. Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc. unanimously held that an award of “defendant’s profits” under the Lanham Act in a trademark infringement suit is only ascribable to the...more

Morrison & Foerster LLP

Supreme Court’s Dewberry Decision: Navigating Profit Recovery in Trademark Infringement Cases

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Can a defendant’s affiliates’ profits be considered when awarding the “defendant’s” profits to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, § 1117(a)? In Dewberry Group, Inc. v Dewberry...more

Fenwick & West LLP

SCOTUS Stands by Corporate Separateness, Overturns Nearly $43M Award in Trademark Dispute

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The Supreme Court on February 26, 2025, overturned a nearly $43 million award granted in a decades long trademark dispute between two real estate companies. The unanimous ruling emphasized that under the Lanham Act section...more

Baker Donelson

Supreme Court Limits Reach of Trademark Infringement Damages: Affiliation Insufficient

Baker Donelson on

The Supreme Court recently issued its opinion in Dewberry Group, Inc., FKA Dewberry Capital Corp. v. Dewberry Engineers Inc. (23-900, Feb. 26, 2025), and addressed the issue of awarding profits in a trademark infringement...more

WilmerHale

Supreme Court Vacates Trademark Infringement Disgorgement Award for Failure to Observe Separateness of Corporate Affiliates

WilmerHale on

On February 26, 2025, the Supreme Court decided Dewberry Group, Inc. v. Dewberry Engineers Inc., No. 23-900, a case concerning corporate separateness and disgorgement awards for Lanham Act trademark infringement....more

McDermott Will & Emery

Equity Is Neither a “Good” Nor a “Service” Under Lanham Act

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s decision that, in terms of trademark use in commerce, corporate equity is not a “good” or “service” under the Lanham Act. LegalForce RAPC Worldwide, PC...more

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