Dewberry Group, Inc. v. Dewberry Engineers Inc.
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Dewberry Group, Inc. v. Dewberry Engineers Inc. and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Dewberry Group, Inc. v. Dewberry Engineers Inc..
The Supreme Court vacated and remanded the decision of the Fourth Circuit regarding Dewberry Engineers Inc.'s trademark infringement suit under the Lanham Act. The Court found that only the profits attributable to the defendant, Dewberry Group, could be awarded, excluding those of its affiliates. The case was remanded for a new award proceeding, leaving several questions about the just-sum provision and corporate veil-piercing unaddressed.
Holding
The single most important “bottom line” of what the Court decided in Dewberry Group, Inc. v. Dewberry Engineers Inc..
The Court held that a court can award only profits ascribable to the 'defendant' itself in a trademark infringement suit under the Lanham Act.
Constitutional Concepts
These are the Constitution-related themes that appear in Dewberry Group, Inc. v. Dewberry Engineers Inc.. Click a concept to see other cases that involve the same idea.
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Why Remedies and Relief is relevant to Dewberry Group, Inc. v. Dewberry Engineers Inc.
The case primarily deals with the scope of remedies available under the Lanham Act, specifically the calculation of 'defendant's profits' and whether affiliates' profits can be included.
Syllabus excerpt (verbatim)In awarding the 'defendant's profits' to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, § 1117(a), a court can award only profits ascribable to the 'defendant' itself.
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Why Judicial Review is relevant to Dewberry Group, Inc. v. Dewberry Engineers Inc.
The Court exercises its power to review and vacate the lower court's decision regarding the calculation of profits, emphasizing the statutory interpretation of the Lanham Act.
Syllabus excerpt (verbatim)The Court expresses no view on whether or how the courts could have used the just-sum provision to support a profits award; whether or how courts can look behind a defendant's tax or accounting records to consider a defendant's true financial gain even without relying on the just-sum provision.
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Why State–Federal Power is relevant to Dewberry Group, Inc. v. Dewberry Engineers Inc.
The case involves the application of federal statutory law (Lanham Act) and the interpretation of corporate law principles, which implicates the allocation of authority between state and federal laws.
Syllabus excerpt (verbatim)Nor do background principles of corporate law convert the one into the other. This Court has often read federal statutes to incorporate such principles.
Key Quotes
Short excerpts from the syllabus in Dewberry Group, Inc. v. Dewberry Engineers Inc. that support the summary and concepts above.
In awarding the 'defendant's profits' to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, § 1117(a), a court can award only profits ascribable to the 'defendant' itself.
The 'defendant's profits' are the defendant's profits, not its plus its affiliates'.
The Court expresses no view on whether or how the courts could have used the just-sum provision to support a profits award.
