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Are Affiliates Liable for Monetary Relief When They Are Not Named Parties to a Case?
The U.S. Supreme Court's decision to review a $43 million trademark infringement award in the case of Dewberry Group Inc. v. Dewberry Engineers Inc. has sparked significant interest and debate within the legal community. This case, which centers on the interpretation of "principles of equity" under the Lanham Act, has potential ramifications that extend far beyond the realm of trademark law.
Background
The conflict between Dewberry Group and Dewberry Engineers dates to 2006 when Dewberry Capital Corp. (now Dewberry Group) sent a cease-and-desist letter to Dewberry Engineers over the use of the "Dewberry" name. Dewberry Engineers, which had been operating under the Dewberry trademarks since the 1950s, sued Dewberry Capital. The parties reached a settlement in 2007, which included specific terms regarding the use of the Dewberry name and logo in overlapping markets.
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