AIPLA Files Amicus Brief in Dewberry Group, Inc. v. Dewberry Engineers, Inc.

Written September 9, 2024

Arlington, VA. September 6, 2024 - The American Intellectual Property Law Association (AIPLA) has filed an amicus brief with the U.S. Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers, Inc., expressing concern over the Fourth Circuit's decision regarding the scope of a district court's discretion under 15 U.S.C. § 1117(a). The case addresses whether profits from non-party entities related to a defendant can be included in the disgorgement of profits awarded to a trademark owner. AIPLA argues that § 1117(a) only contemplates the disgorgement of the "defendant’s profits" and that the Fourth Circuit’s decision fails to adequately analyze the statutory limits and principles of equity, which mandate that recovery be compensatory, not punitive.

AIPLA further contends that including profits from non-party entities without a finding of liability against them risks undermining corporate separateness and creates uncertainty regarding the scope of a court's discretion under § 1117(a). The association urges the Supreme Court to reverse and remand the case, emphasizing that established doctrines such as corporate veil-piercing and contributory infringement could offer a more appropriate path to recovery without conflicting with the principles of corporate law.

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Dewberry Amicus Brief Final