On September 4, 2024, WLF filed a brief in an important trademark case. The Fourth Circuit held that district courts may require infringing defendants to disgorge the profits of non-party corporate affiliates. WLF’s brief explains that when Congress invokes equity when drafting statutes, it limits the types of recovery available to plaintiffs. Here, that means courts cannot award disgorgement of profits earned by non-parties. WLF’s brief also explains why it is possible to sue all infringers. Finally, affirming the Fourth Circuit’s decision will harm America’s economy because it will divert capital from its most productive use.
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