Whose profits are available under 1117(a) when seeking “Defendant’s Profits” for trademark infringement?
On February 26, 2025, the Supreme Court delivered a unanimous decision in the case of Dewberry Group, Inc. v. Dewberry Engineers Inc. In vacating the award of nearly $43 million to plaintiff Dewberry Group, the Supreme Court held that “defendant” under 15 U.S.C. §1117(a) is limited to named defendants in the lawsuit. Thus, the profits […]