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Lanham Act › Piercing the Corporate Veil › Appeals

Herbert Smith Freehills Kramer

Trademark Damages: Supreme Court Rejects Disgorgement of Non-Defendant Affiliate Profits

Herbert Smith Freehills Kramer on

The United States Supreme Court issued a unanimous decision in Dewberry Engineers Inc. v. Dewberry Group, Inc. on Feb. 26, 2025, clarifying the scope of damages available under the Lanham Act in trademark infringement cases....more

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

Akin Gump Strauss Hauer & Feld LLP on

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

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

BakerHostetler

Supreme Court Upholds Corporate Separateness in Unanimous Dewberry Decision

BakerHostetler on

In Dewberry Group, Inc. v. Dewberry Engineers, Inc., the Supreme Court unanimously held that the Lanham Act does not permit courts to disregard corporate identity when awarding damages for trademark infringement....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Overturns Nearly $43 Million Trademark Infringement Award Based on Section 35 of the Lanham Act

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The U.S. Supreme Court’s opinion in the Dewberry Group, Inc. v. Dewberry Engineers Inc. case was released Wednesday. In a unanimous opinion, the Court found that Section 35 of the Lanham Act, which provides that a plaintiff...more

Bracewell LLP

A New Way to Pierce the Corporate Veil: Disgorging Profit From Corporate Affiliates

Bracewell LLP on

The US Supreme Court has recently granted certiorari on the issue of whether a corporation can be held liable for the conduct of its affiliate without first satisfying the well-settled standards for piercing the corporate...more

McDermott Will & Emery

Veil Piercing Under Lanham Act Requires Specific Showing of Liability

McDermott Will & Emery on

The US Court of Appeals for the Eleventh Circuit reversed a district court decision granting summary judgment of liability under the Lanham Act, finding that the plaintiffs failed to apply the correct standards for piercing...more

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