06/18/2026
💡 DID YOU KNOW? 💡
When a trademark owner wins a Lanham Act case and asks the court to disgorge "the defendant's profits," that phrase means exactly what it says. ⚖️
In Dewberry Group, Inc. v. Dewberry Engineers Inc. (2025), the U.S. Supreme Court unanimously held that under 15 U.S.C. § 1117(a), only the profits of the named defendant in the lawsuit can be awarded. The Court vacated a roughly $43 million award that had bundled the profits of the named defendant's affiliated companies into the disgorgement total, even though those affiliates were never made parties to the case. 🛡️
This shows that:
✅ Complaint drafting matters. When the infringer is part of a corporate family that splits revenue between related entities, every entity whose profits you want to reach has to be named and served.
✅ Pre-suit due diligence matters more. Mapping the corporate structure of an infringer up front shapes who gets sued, where, and on what theory.
When it comes to your brand and rights, you must approach it correctly. Contact an IP attorney at Perkins Law – Brand Protection today!📜
Perkins Law - Brand Protection
Boca Raton, FL | 561-467-4001
Get Your Brand Armor On!®
