Dewberry Group v. Dewberry Engineers
U.S. Supreme Court · decided February 26, 2025 · Supreme Court Database (Spaeth)
- Decided
- February 26, 2025
- Term
- October Term 2024
- Vote
- 9–0
- Majority author
- Justice Kagan
- Issue area
- Economic Activity
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2024 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337 . SUPREME COURT OF THE UNITED STATES Syllabus DEWBERRY GROUP, INC., FKA DEWBERRY CAPITAL CORP. v. DEWBERRY ENGINEERS INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23–900. Argued December 11, 2024—Decided February 26, 2025 The federal Lanham Act provides for a prevailing plaintiff to recover the “defendant’s profits” deriving from improper use of a mark. 15 U. S. C. §1117 (a). Dewberry Engineers successfully sued Dewberry Group—a competitor real-estate development company—for trademark infringe- ment under the Lanham Act. Dewberry Group provides services needed to generate rental income from properties owned by separately incorporated affiliates. That income goes on the affiliates’ books; Dew- berry Group receives only agreed-upon fees. And those fees are appar- ently set at less than market rates—the Group has operated at a loss for decades, surviving only through cash infusions by John Dewberry, who owns both the Group and the…
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