Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Berry Bad Outcomes: Millions at Stake for Dewberry Group, Inc.
On June 24, 2024, the U.S. Supreme Court (SCOTUS) granted certiorari to decide a $43 million suit between two real estate developers over the name “Dewberry.” This stems from an Aug. 9, 2023, decision by the United States Court of Appeals for the Fourth Circuit which affirmed a lower court ruling that found Atlanta, Georgia-based Dewberry Group, Inc. (DGI) “pervasively breached [prior agreement] over Dewberry Engineers’ objection,” and awarded attorneys’ fees and equitable profit disgorgement. Dewberry Engineers Inc. v. Dewberry Group, Inc., 77 F.4th 265, 294 (4th Cir. 2023). The crux of the case once it reached SCOTUS is the extent to which courts can award the profits, not of the named defendant, but of the defendant’s affiliate for trademark infringement.
The Dispute
Dewberry Engineers Inc. (DEI), a Virginia-based real estate developer, owns federal trademark rights to the DEWBERRY mark. On the heels of years of disputes over the “Dewberry” name, DEI brought suit claiming DGI’s rebranding efforts infringed the DEWBERRY mark and breached a confidential settlement agreement previously reached between DEI and DGI, signed in 2007.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.