⚖ Oral Arguments, with Context

The Fourth Circuit revisits a trademark fight between two unrelated Dewberry businesses. Dewberry Engineers owns registered Dewberry marks; a 2007 settlement limited how developer Dewberry Group could use the name. After Dewberry Group rebranded in 2017 with new Dewberry names and logos, Engineers sued for infringement and breach of the settlement. The district court awarded nearly forty-three million dollars by counting profits of separately incorporated affiliates. The Supreme Court rejected that method in 2025: the Lanham Act's reference to the defendant's profits does not simply include those of nonparty affiliates. It sent the case back without deciding whether a different award could be justified under the statute's just-sum provision, which permits a court to adjust an inadequate or excessive profits recovery. Now the lawyers dispute whether Engineers raised its alternative calculations in time, who should decide, and whether attorney fees must be reconsidered.

Dewberry Engineers Inc. v. Dewberry Group, Inc. (No. 22-1622) — U.S. Court of Appeals for the Fourth Circuit, argued September 16, 2026.