Dewberry Group, Inc. v. Dewberry Engineers Inc.

Summary

The Court, in an opinion authored by Justice Kagan and joined by all nine justices, held that under Lanham Act §1117(a) a court may award only the profits attributable to the named corporate defendant, not the profits of its affiliates. The majority vacated the Fourth Circuit’s award and remanded for a new calculation. Justice Sotomayor filed a concurring opinion agreeing with the judgment but emphasizing that corporate‑separateness principles do not preclude courts from looking at economic realities when calculating disgorgement.