Justices Likely to Send Trademark Case Back to Appeals Court

The US Supreme Court seemed ready to make a federal appeals court take another look at whether an Atlanta-based real estate developer profited from infringing on another business’ trademark.

During arguments Wednesday, several justices suggested they agreed with a claim by Dewberry Group Inc. that the lower court wrongly treated it and its corporate affiliates as one entity in determining it had to give up $43 million in profits as a penalty.

Justice Neil Gorsuch said something more needs to be done to attribute the affiliate’s profits to Dewberry group and “we just don’t have any evidence that the Fourth ...