Case Info: Dewberry Group, Inc. v. Dewberry Engineers Inc. | Date Decided: 2/26/25 | Case No. 23-900

Link to Docket: Here.

Question Presented: Whether an award of the "defendant's profits" under the Lanham Act, 15 U.S.C. § 1117(a), can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.

Holding: 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. And the term “defendant” bears its usual legal meaning: the party against whom relief or recovery is sought—here, Dewberry Group. The Engi­neers chose not to add the Group’s affiliates as defendants. Accord­ingly, the affiliates’ profits are not the (statutorily disgorgable) “de­fendant’s profits” as ordinarily understood.

Result: Vacated and remanded.

Voting Breakdown: Justice Kagan delivered the opinion for a unanimous Court. Justice Sotomayor filed a concurring opinion.

Link to Opinion: Here.

Oral Advocates:

• For petitioner: Thomas G. Hungar, Washington, D. C.
• For United States, as amicus curiae: Nicholas S. Crown, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
• For respondent: Elbert Lin, Richmond, Va.

Website Link to Oral Argument: Here.

Apple Podcast Link to Oral Argument: Here.