If you are interested in the intersection of corporate law, trademarks, profit accounting, and federal equitable jurisdiction, you may be interested in the new amicus brief that my colleague Paul Miller and I just filed in support of the petition for certification. Dewberry Group, Inc. v. Dewberry Engineers Inc.. Many thanks to Donald Burke, John B. Goerlich, William Weber, and Willkie Farr & Gallagher for their outstanding work on this report.
The basic question is whether “equity” is a talisman that allows courts to ignore separate corporate character when accounting for profits. We say no. And the answer matters not only for the resolution of the circuit split, but also for the interpretation of the Lanham Act, but more generally for how federal courts interpret the many federal laws that provide for relief under “equitable relief” or “equitable relief” or “principles of law.” do. Equity,” as I said near the end of the briefing.
The decision below is not controversial, but rather misapplies the framework established by this Court for determining the scope of equitable relief provisions. Rather, the appellate court bypassed the framework entirely.
The petition for certiorari can be found here and the amicus brief can be found here.