No. 23-900
Dewberry Group, Inc., fka Dewberry Capital Corporation v. Dewberry Engineers Inc.
Tags: circuit-conflict civil-procedure corporate-form corporate-separateness lanham-act profits-disgorgement standing statutory-interpretation trademark-law
Key Terms:
Securities Trademark Patent Copyright
Securities Trademark Patent Copyright
Latest Conference:
2024-06-20
(distributed 3 times)
Question Presented (AI Summary)
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
Question Presented (OCR Extract)
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.
Docket Entries
2025-08-06
Record returned to the United States District Court for the Eastern District of Virginia.
2025-03-31
Judgment Issued.
2025-02-26
Judgment VACATED and case REMANDED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-900_19m1.pdf'>opinion</a> for a unanimous Court. Sotomayor, J., filed a concurring opinion.
2024-12-11
Argued. 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.
2024-11-21
Reply of petitioner Dewberry Group, Inc. filed. (Distributed)
2024-11-04
Sealed material received electronically from the United States Court of Appeals for the Fourth Circuit and available with the Clerk.
2024-11-04
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2024-10-31
Record received electronically from the United States District Court for the Eastern District of Virginia and available with the Clerk.
2024-10-29
Brief amici curiae of Intellectual Property Scholars, et al. filed. (Distributed)
2024-10-23
Record requested from the United States Court of Appeals for the Fourth Circuit.
2024-10-22
Brief of respondent Dewberry Engineers Inc. filed. (Distributed)
2024-10-22
CIRCULATED
2024-10-18
SET FOR ARGUMENT on Wednesday, December 11, 2024.
2024-10-11
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2024-09-06
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
2024-09-06
Brief amicus curiae of United States in support of neither party filed.
2024-09-06
Brief amicus curiae of The International Trademark Association in support of neither party filed.
2024-09-06
Amicus brief of United States submitted.
2024-09-06
Amicus brief of American Intellectual Property Law Association submitted.
2024-09-06
Amicus brief of The International Trademark Association submitted.
2024-09-04
Amicus brief of Washington Legal Foundation submitted.
2024-09-04
Brief amicus curiae of Washington Legal Foundation filed.
2024-08-30
Joint appendix filed. (Statement of costs filed)
2024-08-30
Brief of petitioner Dewberry Group, Inc. filed.
2024-08-30
Joint Appendix submitted.
2024-08-30
Brief of Dewberry Group, Inc. submitted.
2024-07-18
Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2024. The time to file respondent's brief on the merits is extended to and including October 22, 2024.
2024-07-15
Motion for an extension of time to file the briefs on the merits filed.
2024-07-15
Motion of Dewberry Group, Inc. for an extension of time submitted.
2024-06-24
Petition GRANTED.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-05-28
Reply of petitioner Dewberry Group, Inc. filed. (Distributed)
2024-05-28
DISTRIBUTED for Conference of 6/13/2024.
2024-05-08
Brief of respondent Dewberry Engineers Inc. in opposition filed.
2024-04-08
Brief amici curiae of Professors Samuel L. Bray and Paul B. Miller filed.
2024-03-14
Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2024.
2024-03-13
Motion to extend the time to file a response from April 8, 2024 to May 8, 2024, submitted to The Clerk.
2024-03-07
Response Requested. (Due April 8, 2024)
2024-02-28
DISTRIBUTED for Conference of 3/15/2024.
2024-02-26
Waiver of right of respondent Dewberry Engineers Inc. to respond filed.
2024-02-16
Petition for a writ of certiorari filed. (Response due March 22, 2024)
2023-12-11
Application (23A517) granted by The Chief Justice extending the time to file until February 16, 2024.
2023-12-04
Application (23A517) to extend the time to file a petition for a writ of certiorari from December 18, 2023 to February 16, 2024, submitted to The Chief Justice.
Attorneys
American Intellectual Property Law Association
Dewberry Engineers Inc.
Elbert Lin — Hunton Andrews Kurth LLP, Respondent
Dewberry Group, Inc.
Helgi C. Walker — Gibson, Dunn & Crutcher LLP, Petitioner
Intellectual Property Scholars Suneal Bedi, Mike Schuster, and Jake Linford
Jennifer Loraine Swize — Jones Day, Amicus
Professors Samuel L. Bray and Paul B. Miller
Donald Burke — Willkie Farr & Gallagher LLP, Amicus
The International Trademark Association
Washington Legal Foundation