Report
dewberry-group-v-dewberry-engineers-pet
How this report was built
Cornell LII, CourtListener
145 matched in source text
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§Authorities
1 Agency for International Development v. Alliance for Open Society International, Inc., 591 U.S. 430 (2020) clean
2 Ambler v. Whipple, 87 U.S. (20 Wall.) 546 (1874) flagged
- At least one attributed quote wasn't located in the retrieved text.
3 American Rice, Inc. v. Producers Rice Mill, Inc., 518 F.3d 321 (5th Cir. 2008) clean
4 AMG Capital Management, LLC v. FTC, 593 U.S. 67 (2021) clean
5 Amusement Corp. of America v. Mattson, 138 F.2d 693 (5th Cir. 1943) clean
6 Anderson v. Abbott, 321 U.S. 349 (1944) clean
7 Astoria Federal Savings & Loan Ass'n v. Solimino, 501 U.S. 104 (1991) clean
8 B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. 138 (2015) clean
9 Bank of United States v. Deveaux, 9 U.S. (5 Cranch) 61 (1809) clean
10 Page(s) Bartenwerfer v. Buckley, 598 U.S. 69 (2023) flagged
- At least one attributed quote wasn't located in the retrieved text.
11 Bittner v. United States, 598 U.S. 85 (2023) clean
12 Brady v. Daly, 175 U.S. 148 (1899) clean
13 Brown v. Swann, 35 U.S. (10 Pet.) 497 (1836) clean
14 Burnet v. Clark, 287 U.S. 410 (1932) flagged
- At least one attributed quote wasn't located in the retrieved text.
15 Cedric Kushner Promotions, Ltd. v. King, 533 U.S. 158 (2001) clean
16 Comcast Corp. v. National Ass'n of African American-Owned Media, 589 U.S. 327 (2020) clean
17 Coupe v. Royer, 155 U.S. 565 (1895) clean
18 Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003) clean
19 Dole Food Co. v. Patrickson, 538 U.S. 468 (2003) clean
20 Edmondson v. Velvet Lifestyles, LLC, 43 F.4th 1153 (11th Cir. 2022) clean
21 Page(s) Egbert v. Boule, 596 U.S. 482 (2022) clean
22 Elizabeth v. Pavement Co., 97 U.S. 126 (1878) clean
23 Encino Motorcars, LLC v. Navarro, 584 U.S. 79 (2018) clean
24 First National City v. Cuba, 462 U.S. 611 (1983) clean
25 Fischer v. United States, 144 S. Ct. 2176 (2024) brief quality flagged
- A case named 'Joseph W. Fischer, Petitioner v. United States' exists in CourtListener at [{'volume': '603', 'reporter': 'U.S.', 'page': '480'}] (scotus, 2024), but the brief's citation does not match.
26 Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714 (1967) clean
27 Getty Petroleum Corp. v. Bartco Petroleum Corp., 858 F.2d 103 (2d Cir. 1988) clean
28 Great-West Life & Annuity Insurance Co. v. Knudson, 534 U.S. 204 (2002) clean
29 Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999) flagged
- At least one attributed quote wasn't located in the retrieved text.
30 Gustafson v. Alloyd Co., 513 U.S. 561 (1995) clean
31 Page(s) Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. 93 (2016) clean
32 Hamilton-Brown Shoe Co. v. Wolf Brothers & Co., 240 U.S. 251 (1916) clean
33 Harrington v. Purdue Pharma L.P., 144 S. Ct. 2071 (2024) brief quality flagged
- A case named 'William K. Harrington, United States Trustee, Region 2, Petitioner v. Purdue Pharma L.P., et al.' exists in CourtListener at [{'volume': '603', 'reporter': 'U.S.', 'page': '204'}] (scotus, 2024), but the brief's citation does not match.
34 Hedges v. Dixon County, 150 U.S. 182 (1893) clean
35 Holmberg v. Armbrecht, 327 U.S. 392 (1946) clean
36 Honeycutt v. United States, 581 U.S. 443 (2017) clean
37 INS v. Pangilinan, 486 U.S. 875 (1988) clean
38 Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982) clean
39 Jennings v. Carson, 8 U.S. (4 Cranch) 2 (1807) clean
40 Keystone Manufacturing Co. v. Adams, 151 U.S. 139 (1894) flagged
- At least one attributed quote wasn't located in the retrieved text.
41 Page(s) Leman v. Krentler-Arnold Hinge Last Co., 284 U.S. 448 (1932) clean
42 Liu v. SEC, 591 U.S. 71 (2020) flagged
- At least one attributed quote wasn't located in the retrieved text.
43 , 40, 44, 45, 47, 50 Livingston v. Tompkins, 4 Johns. Ch. 415 (N.Y. 1820) flagged
- At least one attributed quote wasn't located in the retrieved text.
44 Livingston v. Woodworth, 56 U.S. (15 How.) 546 (1854) clean
45 Marshall v. Vicksburg, 82 U.S. (15 Wall.) 146 (1873) clean
46 Martin v. Franklin Capital Corp., 546 U.S. 132 (2005) flagged
- At least one attributed quote wasn't located in the retrieved text.
47 Max Rack, Inc. v. Core Health & Fitness, LLC, 40 F.4th 454 (6th Cir. 2022) clean
48 MCI Telecommunications Corp. v. AT&T Co., 512 U.S. 218 (1994) clean
49 McLean v. Fleming, 96 U.S. 245 (1878) clean
50 Minerva Surgical, Inc. v. Hologic, Inc., 594 U.S. 559 (2021) clean
51 Page(s) Mishawaka Rubber & Woolen Manufacturing Co. v. S.S. Kresge Co., 316 U.S. 203 (1942) clean
52 Mowry v. Whitney, 81 U.S. (14 Wall.) 620 (1872) clean
53 NLRB v. Deena Artware, Inc., 361 U.S. 398 (1960) clean
54 Penhallow v. Doane's Administrators, 3 U.S. (3 Dall.) 54 (1795) clean
55 Pugin v. Garland, 599 U.S. 600 (2023) flagged
- At least one attributed quote wasn't located in the retrieved text.
56 Rees v. Watertown, 86 U.S. (19 Wall.) 107 (1874) clean
57 Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. 212 (2020) clean
58 Root v. Railway Co., 105 U.S. 189 (1882) clean
59 Rubber Co. v. Goodyear, 76 U.S. (9 Wall.) 788 (1870) flagged
- At least one attributed quote wasn't located in the retrieved text.
60 Sammons v. Colonial Press, 126 F.2d 341 (1st Cir. 1945) clean
61 SEC v. Jarkesy, 144 S. Ct. 2117 (2024) brief quality flagged
- A case named 'Securities and Exchange Commission, Petitioner v. George R. Jarkesy, Jr., et al.' exists in CourtListener at [{'volume': '603', 'reporter': 'U.S.', 'page': '109'}] (scotus, 2024), but the brief's citation does not match.
62 Page(s) Sheldon v. Metro-Goldwyn Pictures Corp., 309 U.S. 390 (1940) clean
63 Sheldon v. Metro-Goldwyn Pictures Corp., 106 F.2d 45 (2d Cir. 1939) clean
64 Starbucks Corp. v. McKinney, 144 S. Ct. 1570 (2024) brief quality flagged
- A case named 'Starbucks Corporation, Petitioner v. M. Kathleen McKinney, Regional Director of Region 15 of the National Labor Relations Board, for and on Behalf of the National Labor Relations Board' exists in CourtListener at [{'volume': '602', 'reporter': 'U.S.', 'page': '339'}] (scotus, 2024), but the brief's citation does not match.
65 Taggart v. Lorenzen, 587 U.S. 554 (2019) clean
66 Trade-Mark Cases, 100 U.S. 82 (1879) brief quality flagged
- Citation triple resolves in CourtListener to 'United States v. Steffens', not 'Trade-Mark Cases'.
67 United States v. Bestfoods, 524 U.S. 51 (1998) clean
68 United States v. Burr, 25 F. Cas. 30 (C.C.D. Va. 1807) clean
69 Washingtonian Publishing Co. v. Pearson, 140 F.2d 465 (D.C. Cir. 1944) clean
70 Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co., 225 U.S. 604 (1912) clean
71 Whitman v. American Trucking Ass'ns, 531 U.S. 457 (2001) clean
72 77 F.4th 265 brief quality flagged
- Case name in the brief differs materially from the official record.
73 2021 WL 5217016 flagged
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
74 2022 WL 1439826 flagged
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
75 591 U.S. at 90 flagged
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
- We couldn't retrieve the source text from any of our public sources.
We couldn't retrieve any opinion text for this citation from our public sources. The case may only be available on a paid service like Westlaw or Lexis. Without the text, we can't check whether the brief's quotes appear in the opinion.
These quotes have not been verified because the opinion text wasn't available.
76 15 U.S.C. § 1117 flagged
- At least one attributed quote wasn't located in the retrieved text.
77 16 Stat. 211 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
These quotes have not been verified because the source text wasn't retrieved.
78 35 Stat. 1081 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
These quotes have not been verified because the source text wasn't retrieved.
79 Pub. L. No. 93-600, § 3, 88 Stat. 1955 clean
80 Pub. L. No. 98-473, § 1503(2)(B), 98 Stat. 2182 clean
81 Pub. L. No. 104-153, § 7, 110 Stat. 1388 clean
82 42 U.S.C. § 9601 clean
83 60 Stat. 427 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
84 15 U.S.C. § 1051 clean
85 15 U.S.C. § 1116 clean
86 15 U.S.C. § 1127 clean
87 Pub. L. No. 110-403, § 104, 122 Stat. 4259 clean
88 21 Stat. 502 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
These quotes have not been verified because the source text wasn't retrieved.
89 33 Stat. 724 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
These quotes have not been verified because the source text wasn't retrieved.
90 17 U.S.C. § 504 clean
91 28 U.S.C. § 1254 clean
92 29 U.S.C. § 1109 flagged
- At least one attributed quote wasn't located in the retrieved text.
93 Fed. R. Civ. P. 4(a) clean
94 Fed. R. Civ. P. 10(a) clean
95 Fed. R. Civ. P. 15(a) flagged
- At least one attributed quote wasn't located in the retrieved text.
96 Fed. R. Civ. P. 15(c) clean
97 31 Emory L.J. 747 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
103 16 Stat. 198 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
104 21 Stat. 504 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
These quotes have not been verified because the source text wasn't retrieved.
105 33 Stat. 728 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
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106 33 Stat. 729 manual verify
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107 15 U.S.C. § 34 clean
108 60 Stat. 439 manual verify
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109 15 U.S.C. § 35 flagged
- At least one attributed quote wasn't located in the retrieved text.
110 60 Stat. 440 manual verify
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136 "§ manual verify
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139 Fed. R. Civ. P. 4(a)(1)(B) flagged
- At least one attributed quote wasn't located in the retrieved text.
149 First Amendment clean
153 21 Stat. 503 manual verify
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
§Record & filing references (44)
Citations to filings in this case or its record — appendices, docket entries, pleadings. These aren't published authority, so we don't retrieve or verify them. They're listed here so every citation in the brief is accounted for.
- not provided direct evidence of lost sales
- as a single corporate entity for the purpose of calculating revenues
- as a single corporate entity for the purpose of calculating revenues.
- Dewberry.
- Dewberry Group
- Studio Dewberry
- That [respondent] did not name the [affiliates] as defendants or allege contributory infringement or alter-ego liability is of no moment.
- as a single corporate entity when calculating the revenues and profits
- the equitable purposes of the Lanham Act's disgorgement remedy.
- single corporate entity
- that, but-for the revenue generated by the [affiliates], [petitioner] as a single tax entity would not exist
- over the past 30 years.
- did not receive the revenues from its infringing behavior directly.
- show[n]losses on its tax returns
- branding for its affiliates, who in turn generate profits using that branding on their lease, loan, and other promotional materials.
- treated [petitioner] and its affiliates as a single corporate entity for the purpose of calculating revenues generated by [petitioner's] use of infringing marks.
- conside[r]the revenues of entities under common ownership with [petitioner],
- grant of profit disgorgement is 'subject to the principles of equity,'
- weig[h]the equities of the dispute.
- while [petitioner] did not receive the revenues from its infringing behavior directly, it still benefited from its infringing relationship with its affiliates
- [a]dmonishing courts for using their discretion
- ris[k]handing potential trademark infringers the blueprint for using corporate formalities to insulate their infringement from financial consequences
- purpose.
- piercing their corporate veils.
- use of revenues from separate companies,
- [t]here is no loophole that lets these entities infringe with impunity,
- kn[e]w of no law that allows courts * * * to disregard those options and simply add the revenues from non-parties to a defendant's revenues for purposes of evaluating the defendant's profits.
- -that "were never realized by [petitioner]" itself was "incorrect as a matter of law." Id. at 60a. Judge Quattlebaum also disagreed with the majority's policy concern that respecting
- insulate
- weigh[ing]
- the equities.
- weigh[ing]
- the equities.
- subject to the principles of equity.
- defendant's profits
- ru[n] counter to
- purpose of section 1117
- insulate their infringement from financial consequences.
- fundamental desire
- defendant's profits,
- ordered disgorgement of more than just 'defendant's profits.'