Supreme Court’s Unanimous Ruling on Affiliate Profits Reshapes Trademark Litigation Strategy

The recent unanimous decision by the U.S. Supreme Court in Dewberry Group Inc. v. Dewberry Engineers Inc. has significant implications for trademark owners regarding the treatment of a defendant’s affiliates’ profits. The court’s deliberation focused on whether the trial court erred in counting the profits from the defendant’s affiliates as part of the defendant’s profits under Section 1117(a) of the Lanham Act. This decision emphasizes the necessity for trademark litigants and practitioners to treat issues involving monetary relief with the utmost importance. Legal professionals should take note of the broader impacts of this case in their practice to ensure compliance and to reevaluate how they calculate potential monetary relief in trademark misappropriation cases. For more detailed analysis, legal professionals can access the article on Law360.