News & Analysis as of

Intellectual Property Protection Damages Disgorgement

Foster Garvey PC

Shared Names, Separate Profits: What Dewberry Tells Us About Trademark Liability

Foster Garvey PC on

The U.S. Supreme Court’s unanimous ruling in Dewberry Group v. Dewberry Engineers Inc. (23-900 (604 U.S. _____ (2025)), provides important guidance on corporate separateness, trademark enforcement and the scope of damages...more

Seyfarth Shaw LLP

A RAW Deal – Court Opens the Door for Profit Disgorgement in Cannabis Trademark Case

Seyfarth Shaw LLP on

Last year, the case of BBK Tobacco & Foods LLP v. Central Agriculture Inc. made headlines in the trademark world when the Ninth Circuit held that district courts have jurisdiction to alter or cancel trademark applications. ...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

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

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

IR Global

ESG Litigation is Increasing – 3 Tips to Navigate Disputes

IR Global on

The greentech industry is recognized as one of the key subsectors of the ESG investment world. Energy transition to renewables is the new industrial revolution. It is a global win-win-win for bolstered economic strength,...more

McDermott Will & Emery

Robbing Peter to Pay Paul? Supreme Court to Consider Scope of Lanham Act “Defendant’s Profit” Award

McDermott Will & Emery on

The Supreme Court has agreed to consider the breadth of a damages award in a long-running trademark dispute between two real estate companies. Dewberry Group, Inc. v. Dewberry Engineers, Inc., Docket No. 23-900 (Supr. Ct....more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

Vondran Legal on

Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

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