Several amici weighed in late last week on a trademark petition to the U.S. Supreme Court that asks whether “an award of a ‘defendant’s profits’ under the Lanham Act…can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.” The Supreme Court granted the petition in Dewberry Group, Inc. v. Dewberry Engineers Inc. in June, after the U.S. Court of Appeals for the Fourth Circuit endorsed a disgorgement remedy that reached into profits earned by affiliates of the petitioner, who were not included as defendants in the case, without any regard to principles of corporate veil piercing.

Full Article Available Here