Feb 28, 02:30 AM

Supreme Court Overturns $43 Million Trademark Award Against Dewberry Engineers, Clarifies Section 35 Profit Recovery Rules

The U.S. Supreme Court has unanimously overturned a nearly $43 million trademark infringement award against an Atlanta-based real estate developer, Dewberry Engineers, in a case concerning the recovery of profits from affiliated companies. The ruling, which addressed the application of Section 35 of the Lanham Act, emphasized that trademark plaintiffs cannot recover profits from a defendant's affiliates unless those affiliates are also named in the lawsuit. The court's decision came after a lower court had awarded damages that included profits from numerous nonparty affiliates. Justice Elena Kagan authored the opinion, which clarified the limits of equitable remedies in trademark disputes while leaving some questions about corporate separateness and broader trademark law unresolved. The ruling may influence how plaintiffs approach future trademark cases, particularly regarding the inclusion of multiple defendants when profit recovery is in question.

#Atlanta #Dewberry Engineers #Section #Lanham Act #Elena Kagan

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Supreme Court Overturns $43 Million Trademark Award Against Dewberry Engineers, Clarifies Section 35 Profit Recovery Rules

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