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Corporate Governance › Trademark Litigation › Appeals

McCarter & English, LLP

If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)

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Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the...more

Mintz - Intellectual Property Viewpoints

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

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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...

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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

Moritt Hock & Hamroff LLP

Supreme Court Upholds Principle Of Corporate Separateness In Vacating Award To Dewberry Engineers

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n a decision that strongly endorsed the principle of corporate separateness – where a company’s affiliates are not financially responsible for the legal obligations of their parent – the U.S. Supreme Court unanimously...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Limits Lanham Act Disgorgement to Named Defendants’ Profits

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On February 26, 2025, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Dewberry Group Inc. v. Dewberry Engineers Inc., holding that a disgorgement of “defendant’s profits” under the Lanham Act may...more

ArentFox Schiff

Sue Them All? SCOTUS Vacates $43 Million Trademark Judgment

ArentFox Schiff on

To plead, or not to plead. That is a question trademark infringement plaintiffs will need to carefully consider with their legal counsel when deciding which parties to name as defendants in a lawsuit and which legal arguments...more

Jenner & Block

Client Alert: US Supreme Court Rules Trademark Plaintiffs Cannot Recover Profits from Defendants’ Affiliates, Overturns $43M Award...

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On February 26, 2025, in a unanimous opinion, the US Supreme Court vacated a $43 million trademark infringement award and ruled that trademark plaintiffs cannot recover profits from defendants’ affiliates when those...more

Moritt Hock & Hamroff LLP

Supreme Court Deciding Trademark Case With Broad Implications For The Principle Of Corporate Separateness

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In August 2023, a federal appeals court upheld a district court case ruling that declined to apply the principle of corporate separateness – that corporations have no liability for their affiliates’ actions or obligations....more

McDermott Will & Schulte

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

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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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