High Court To Decide If Lanham Act Allows Disgorgement Of Nonparty Profits

(June 24, 2024, 11:33 AM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court on June 24 granted a real estate firm’s petition for a writ of certiorari, agreeing to consider whether courts under the Lanham Act “can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates” and if the Fourth Circuit U.S. Court of Appeals improperly upheld a $43 million disgorgement award against it....