For those who’re within the intersection of company legislation, trademark, accounting for income, and federal fairness jurisdiction, you will be concerned with a brand new amicus temporary that my colleague Paul Miller and I simply filed in assist of a cert petition in Dewberry Group, Inc. v. Dewberry Engineers Inc. An enormous thanks to Donald Burke, John B. Goerlich, and William Weber, all of Willkie Farr & Gallagher, for excellent work on the temporary.
The essential problem is whether or not “fairness” is a talisman that permits a courtroom, in awarding an accounting for income, to override separate company persona. We reply no. And the reply issues not just for the decision of a circuit break up, and never just for the interpretation of the Lanham Act, but in addition extra typically for a way federal courts interpret the various federal statutes authoring “equitable aid” or aid in line with “ideas of fairness.” As we are saying close to the top of the temporary,
The choice beneath shouldn’t be a debatable however incorrect utility of this Court docket’s established framework for figuring out the scope of equitable remedial provisions. Moderately, the courtroom of appeals merely bypassed that framework altogether.
You will discover the can discover the cert petition right here and our amicus temporary right here.