In the case at hand, the Fourth Circuit's endorsement of a disgorgement remedy that affects profits earned by affiliates of a non-party raises critical questions about corporate separateness and trademark law.
Amici emphasized that allowing the Fourth Circuit's decision to stand could lead to unjust judgments against trademark owners, undermining fair legal practices and principles integral to trademark protections.
The Supreme Court's review of the issue in Dewberry Group is expected to address the confusion created by the Fourth Circuit's ruling and clarify extent of liability involving non-party affiliates.
Citing that the Lanham Act refers explicitly to 'defendant's profits,' the dissent highlights a vital statutory interpretation point, potentially impacting future trademark disputes and claim structures.
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