Dewberry Group, Inc. v. Dewberry Engineers, Inc.
Holding
In awarding the "defendant's profits" to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, a court can award only profits ascribable to the "defendant" itself.
Judgment
Vacated and remanded, 9-0, in an opinion by Elena Kagan on Feb 26, 2025. Justice Sotomayor filed a concurring opinion.
Dec 4, 2023Application (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.
Dec 11, 2023Application (23A517) granted by The Chief Justice extending the time to file until February 16, 2024.
Feb 16, 2024Petition for a writ of certiorari filed. (Response due March 22, 2024)Feb 26, 2024Waiver of right of respondent Dewberry Engineers Inc. to respond filed.Feb 28, 2024DISTRIBUTED for Conference of 3/15/2024.
Mar 7, 2024Response Requested. (Due April 8, 2024)
Mar 13, 2024Motion to extend the time to file a response from April 8, 2024 to May 8, 2024, submitted to The Clerk.Mar 14, 2024Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2024.
Apr 8, 2024Brief amici curiae of Professors Samuel L. Bray and Paul B. Miller filed.May 8, 2024Brief of respondent Dewberry Engineers Inc. in opposition filed.May 28, 2024DISTRIBUTED for Conference of 6/13/2024.
May 28, 2024Reply of petitioner Dewberry Group, Inc. filed. (Distributed)Jun 17, 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 24, 2024Petition GRANTED.
Jul 15, 2024Motion for an extension of time to file the briefs on the merits filed.Jul 18, 2024Motion 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.
Aug 30, 2024Brief of petitioner Dewberry Group, Inc. filed.Aug 30, 2024Joint appendix filed. (Statement of costs filed)Sep 4, 2024Brief amicus curiae of Washington Legal Foundation filed.Sep 6, 2024Brief amicus curiae of The International Trademark Association in support of neither party filed.Sep 6, 2024Brief amicus curiae of United States in support of neither party filed.Sep 6, 2024Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.Oct 11, 2024Motion 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.Oct 18, 2024SET FOR ARGUMENT on Wednesday, December 11, 2024.
Oct 22, 2024CIRCULATED
Oct 22, 2024Brief of respondent Dewberry Engineers Inc. filed. (Distributed)Oct 23, 2024Record requested from the United States Court of Appeals for the Fourth Circuit.
Oct 29, 2024Brief amici curiae of Intellectual Property Scholars, et al. filed. (Distributed)Oct 31, 2024Record received electronically from the United States District Court for the Eastern District of Virginia and available with the Clerk.
Nov 4, 2024Motion 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.
Nov 4, 2024Sealed material received electronically from the United States Court of Appeals for the Fourth Circuit and available with the Clerk.
Nov 21, 2024Reply of petitioner Dewberry Group, Inc. filed. (Distributed)Dec 11, 2024Argued. 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.
Feb 26, 2025Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
Mar 31, 2025Judgment Issued.Aug 6, 2025Record returned to the United States District Court for the Eastern District of Virginia.
Recommended Citation: Dewberry Group, Inc. v. Dewberry Engineers, Inc., SCOTUSblog, https://www.scotusblog.com/cases/dewberry-group-inc-v-dewberry-engineers-inc/