The Solicitor General emphasizes a broader definition of infringer profits, arguing that even non-party affiliates' financial gains should be considered in estimating defendant profits for trademark infringement cases.
The case highlights complex issues surrounding the estimation of profits in trademark infringement, advocating for the inclusion of funds that reflect true financial gain, even if not directly flowing to the infringer.
Key principles such as the anticipatory assignment doctrine could be applicable in determining damages, allowing courts to consider service contracts with affiliates despite the Group's claimed business losses.
The Supreme Court's involvement signals the importance of clarifying how trademark laws interpret profit disgorgement, especially regarding non-party corporate affiliates in such infringement cases.
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