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Litigation Strategies › Damages › Trademarks

McCarter & English, LLP

If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)

McCarter & English, LLP on

Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the...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

Mintz - Intellectual Property Viewpoints

Whose Profits Are These, Anyway? Who Constitutes The Defendant For Purposes of Disgorgement Of Profits In A Trademark Infringement...

Mintz - Intellectual Property Viewpoints on

In a unanimous (and unsurprising) decision on Wednesday, the Supreme Court vacated an award of nearly $43 million in disgorged profits to a trademark infringement plaintiff because those profits were not attributable 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

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