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Trademark Infringement › Lanham Act › Litigation Strategies

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

Dorsey & Whitney LLP

The Supreme Court Update - February 26, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Dewberry Group, Inc. v. Dewberry Engineers, Inc., No. 23-900: The Court held that in awarding the “defendant’s profits” to the prevailing plaintiff in a...more

McDermott Will & Schulte

Trade Dress Requires Separate Articulation and Distinctiveness Requirements

McDermott Will & Schulte on

The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the...more

Burr & Forman

In Trademark Infringement Cases, Your Right to a Jury Trial May Depend on Whether Actual Damages or the Infringer’s Profits Are...

Burr & Forman on

By way of a precedential decision published on April 23, 2019, the Eleventh Circuit joined the Sixth and Ninth Circuits in holding that trademark owners who seek disgorgement of the infringer’s profits in lieu of actual...more

Shutts & Bowen LLP

Can The Manager of a Florida LLC Represent the Corporation in Litigation?

Shutts & Bowen LLP on

If she or he is not a lawyer, no. David Boggs, LLC and Mac Mar, LLC sued Matthew Soltis and his company My Affordable Roof, LLC for trademark infringement concerning the mark “MY AFFORDABLE ROOF.” Soltis appears to have...more

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