News & Analysis as of

Lanham Act Appeals Dewberry Group Inc v Dewberry Engineers Inc

Sunstein LLP

Supreme Court vacates $43 million trademark award for violating principle of corporate separateness in Dewberry Group

Sunstein LLP on

On February 26, 2025, in Dewberry Group v. Dewberry Engineers, the Supreme Court unanimously vacated a $43 million damages award for trademark infringement, ruling that the lower court improperly conflated the defendant with...more

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court: 'Defendant’s Profits' Are Limited to Named Defendants Under the Lanham Act

Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the “defendant’s profits” as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc....more

A&O Shearman

Supreme Court Limits Scope Of Damages Awards In A Trademark Infringement Action

A&O Shearman on

On February 26, 2025, the Supreme Court of the United States issued a unanimous decision limiting the Lanham Act’s scope of damages in a trademark infringement action. The case involves a trademark dispute between two...more

Fitch, Even, Tabin & Flannery LLP

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

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

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

Goodwin

Supreme Court Curtails Disgorgement in Trademark Infringement Case

Goodwin on

On February 26, 2025, the US Supreme Court issued a unanimous decision limiting the scope of an award of the “defendant’s profits” in trademark infringement suits under the Lanham Act, 15 U.S.C. §1117(a), to only those...more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Limits Lanham Act Disgorgement to Named Defendants’ Profits

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

Fox Rothschild LLP

The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits From Named Defendants’...

Fox Rothschild LLP on

On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be held liable for payment of a disgorged...more

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