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Lanham Act › Piercing the Corporate Veil › Trademarks

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

Jones Day

Affiliates (Currently) Off the Hook: Supreme Court Vacates $43M Trademark Infringement Award

Jones Day on

The Supreme Court vacates a decision treating a company and its affiliates as "one and the same" for purposes of disgorging profits for trademark infringement under the Lanham Act, but leaves many questions unaddressed....more

McDermott Will & Emery

SCOTUS: Trademark Infringement Damages Award Includes Only the Named Defendant’s Profits

McDermott Will & Emery on

In a unanimous decision, the Supreme Court of the United States vacated and remanded a damages award for willful infringement under the Lanham Act (15 U.S.C. § 1117(a)) in Dewberry Group Inc. v. Dewberry Engineers Inc.,...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

Dorsey & Whitney LLP

IP Shell Games: Supreme Court to Review Liability of Corporate Affiliates for Trademark Infringement

Dorsey & Whitney LLP on

In a potential shakeup for corporate liability, the Supreme Court will hear oral argument this year on whether a real estate developer’s corporate affiliates should be responsible for a $46.6 million trademark infringement...more

Kohrman Jackson & Krantz LLP

Supreme Court Review of Trademark Infringement and Corporate Separateness under the Lanham Act

Kohrman Jackson & Krantz LLP on

The US Supreme Court granted certiorari to review the 4th Circuit’s damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under...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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