U.S. Supreme Court,
Intellectual Property
Apr. 2, 2025
Supreme Court restricts Lanham Act profits awards
See more on Supreme Court restricts Lanham Act profits awards
Scott R. Commerson
Partner
Davis Wright Tremaine LLP
Brand Protection Attorney
Phone: (213) 633-6800
Email: scottcommerson@dwt.com
In Dewberry Group Inc. v. Dewberry Engineers, Inc., 604 U.S. _, the Supreme Court vacated and remanded a $43 million profits award under the Lanham Act. The Court held that the lower courts erred in considering the profits of a defendant's affiliates - which were not named defendants in the action - in calculating the "defendant's profits" under Section 1117(a). While the Court's decision was narrow and expressly left open a number of questions, the decision ...
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