United States Supreme Court Addresses Corporate Separateness and Defendant’s Profits Under the Federal Lanham Act for Trademark Infringement

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On February 26, 2025, the United States Supreme Court issued its opinion in Dewberry Group, Inc v. Dewberry Engineers, Inc.  In doing so the Court reaffirmed the legal protections afforded to separately formed, organized and governed corporations.  The case raised the question of whether a court could order disgorgement of profits for trademark infringement from …Read more

Enforcing Your Company’s Trademark Rights: Remedies for Infringement and Principal Defenses to Infringement Claims

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This blog is the seventh in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States.  Once a trademark owner initiates an infringement claim, understanding the potential remedies and defenses is critical.  Remedies for trademark infringement can include injunctive relief, monetary damages, …Read more

Enforcing Your Company’s Trademark Rights: Infringement Litigation

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This blog is the sixth in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States.  In the United States, to maintain your legal rights in your trademarks, you must be diligent in protecting your marks by taking appropriate enforcement action against …Read more

Protecting Your Company’s Real Property Rights Through the Federal Courts

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For corporations, limited liability companies, and real estate development partnerships, protecting real property rights may be crucial to maintaining legal integrity of the assets and ensuring long-term financial growth of your business enterprise. While many real estate issues are handled at the state court level, certain disputes may fall under federal jurisdiction due to unique …Read more

Remedies Available in Federal Court to Help Resolve Business Disputes

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Business disputes are an inevitable part of running a company, whether you’re a small startup or a large corporation. When these disputes cannot be resolved through negotiation, mediation, or arbitration, litigation in federal court may be the best—or only—option. Understanding the remedies available in federal court can help your company make informed decisions about how …Read more

How to Avoid the “Accidental” Business Ownership Lawsuit

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Founders of privately owned companies somehow always find creative ways to create conflicts among the owners – or would-be owners – of their business ventures. Our attorneys have seen our fair share of disputes among the owners of private partnerships, corporations or limited liability companies. Some disputes arise from a misunderstanding over a particular person …Read more

Apple Sues Former Product Designer Who Allegedly Stole Trade Secrets

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The value of trade secrets never escapes a well-run company. To that end, Apple Inc. has sued a former product designer claiming that he stole the company’s trade secrets to help his new employer, Arris Composites, and then leaked those secrets to the media to advance his own financial interests. The designer, Simon Lancaster, worked …Read more

Ecolab Sues Former Employee For Allegedly Stealing Trade Secrets

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In another high profile trade secret case, water treatment giant Ecolab, Inc. sued one of its former marketing managers, Preston Alexander, and his new company, One Degree Medical, alleging they stole trade secrets to set up a competing business in violation of both the employees’ employment agreement, and state and federal trade secrets laws. EcoLab’s …Read more

Courts Differ on Where Website Operators are Subject to Personal Jurisdiction

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Courts are increasingly being asked to decide when website operators are subject to personal jurisdiction in a particular state, a potentially vexing problem because websites generally lack a specific location and can be accessed from almost anywhere on the globe. In June 2020, the U.S. Fourth Circuit Court of Appeals, in UMG Recordings, Inc. v. …Read more

Beware of Successor Liability in Connection with Family Owned Business

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A corporation ordinarily is not liable for the debts of other entities or its owners in the absence of an express agreement, such as a guarantee. However, a creditor of one company may try to impose liability on one or more non-debtor entities under “alter ego” or “successor liability” theories in certain circumstances. In these …Read more