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Corporate Governance › Supreme Court of the United States › Intellectual Property Litigation

Fitch, Even, Tabin & Flannery LLP

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

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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

Morrison & Foerster LLP on

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

Mintz - Intellectual Property Viewpoints

Whose Profits Are These, Anyway? Who Constitutes The Defendant For Purposes of Disgorgement Of Profits In A Trademark Infringement...

Mintz - Intellectual Property Viewpoints on

In a unanimous (and unsurprising) decision on Wednesday, the Supreme Court vacated an award of nearly $43 million in disgorged profits to a trademark infringement plaintiff because those profits were not attributable to the...more

Coblentz Patch Duffy & Bass

Only the Defendant’s Profits Are Recoverable: Supreme Court Vacates Nearly $43 Million Trademark Infringement Award that...

Coblentz Patch Duffy & Bass on

Key Takeaways - A plaintiff prevailing in a trademark infringement suit is often entitled to an award of the “defendant’s profits.” 15 U.S.C. §1117(a)....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

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

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Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

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