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Profits Lanham Act Appeals

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

Dorsey & Whitney LLP

SCOTUS Holds Affiliate Profits Not Available Under One Lanham Act Provision, But Leaves Door Open for Other Theories

Dorsey & Whitney LLP on

The United States Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc., vacating a nearly $43 million profits award and remanding the case for further consideration. The Court concluded...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

BCLP

SCOTUS to Address Key Question on Trademark Damages

BCLP on

The U.S. Supreme Court recently granted writ of certiorari in a case with significant potential to alter the trademark infringement damages calculus.  In that case, Romag Fasteners Inc. v. Fossil Inc. et al., Case No....more

UB Greensfelder LLP

Walmart Burned by the Jury in Trademark Infringement Suit

UB Greensfelder LLP on

Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable...more

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