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No. 23-900October Term 2024Decided Feb 26, 2025

Docket 23-900October Term 2024 (2024–2025)

Dewberry Group, Inc., fka Dewberry Capital Corporation, Petitioner v. Dewberry Engineers Inc.

The Supreme Court ruled that under the Lanham Act, a trademark infringement plaintiff can only recover profits earned by the named defendant, not those earned by legally separate, non-party corporate affiliates.

Case status

Current stage
Decided
Latest event
Decision released Feb 26, 2025
Case Accepted
Arguments HeardDec 11, 2024
Decision ReleasedFeb 26, 2025
What it's about

The Supreme Court ruled that under the Lanham Act, a trademark infringement plaintiff can only recover profits earned by the named defendant, not those earned by legally separate, non-party corporate affiliates. The decision reinforces the principle of corporate separateness, preventing courts from treating distinct entities as a single unit for calculating damages unless the corporate veil is pierced.

Question presented

Does an award of the “defendant's profits” under the Lanham Act allow a court to require the defendant to disgorge profits earned by legally separate, non-party corporate affiliates?

Case path

United States Court of Appeals for the Fourth Circuit / Decision released Feb 26, 2025

Area

Decided Supreme Court case