The Sidebar: Supreme Court of the United States

The Supreme Court case, Dewberry Group v. Dewberry Engineers. The core dispute centers on the calculation of disgorgement of profits under the Lanham Act, specifically whether a defendant's profits can include those of legally distinct affiliates. The petitioner argues that corporate separateness should be respected and that the lower courts erred in attributing affiliate profits. The respondent contends that the "just sum" provision allows consideration of the affiliates' profits to determine the defendant's true financial gain. An amicus brief supports vacating the award but suggests alternative methods for calculating profits while respecting corporate separateness.

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