No. 23A517

Dewberry Group, Inc., f/k/a Dewberry Capital Corporation, a Georgia Corporation v. Dewberry Engineers Inc., a New York Corporation

Lower Court: Fourth Circuit
Docketed: 2023-12-07
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: corporate-separateness equity-principles lanham-act profit-disgorgement trademark-infringement trademark-law
Latest Conference: N/A
Question Presented (from Petition)

1. This case presents an important and recurring question concerning the remedies available for federal trademark-law claims under the Lanham Act, 15 U.S.C. § 1051 et seg. The Lanham Act authorizes a court to order (inter alia) disgorgement of a "defendant's profits," "subject to the principles of equity." Id. § 1117(a). For more than a century, this Court has held that traditional principles of equity generally restrict profit-disgorgement recoveries to a defendant's own profits. See, e.g., Liu v. SEC, 140 S. Ct. 1936, 1945 (2020); Elizabeth v. Pavement Co., 97 U.S. 126, 140 (1878). The court of appeals in this case rejected that principle, and in so doing it diverged from multiple other circuits and this Court's precedent.

Question Presented (AI Summary)

Whether a court may order a defendant to disgorge profits from non-party affiliated entities in a Lanham Act trademark infringement case without piercing the corporate veil or alleging contributory infringement

Docket Entries

2023-12-11
Application (23A517) granted by The Chief Justice extending the time to file until February 16, 2024.
2023-12-04
Application (23A517) to extend the time to file a petition for a writ of certiorari from December 18, 2023 to February 16, 2024, submitted to The Chief Justice.

Attorneys

Dewberry Group, Inc.
Helgi C. Walker — Petitioner