The LedgerPublic Record
BooksThe BooksFloorThe FloorGavelThe GavelDeskThe DeskRaceThe Race
DocketOpinionsArgumentsJustices
The LedgerPublic Record

Five shelves of federal record. Pick a shelf, then dig in.

Archives refreshed Sep 23, 2026

The Books

  • Overview
  • Rankings
  • Map
  • Historical
  • Awards
  • Composition

The Floor

  • Overview
  • Watchlist
  • Pipeline
  • Votes
  • Members

The Gavel

  • Overview
  • Docket
  • Opinions
  • Justices

The Desk

  • Overview
  • Presidencies
  • Actions

The Race

  • Overview
  • Map
  • Presidency
  • Senate
  • House

Guides

  • Overview
  • Start here
  • Students
  • Reporters
  • Tools

Reference

  • Home
  • Definitions
  • Methodology
  • Data integrity
  • Status
  • Data cache
  • Data dictionary
  • Pricing
  • Usage
  • Privacy
  • Contact
  • For AI agents

Free and open. Accounts optional. Privacy covers anonymous visit data only. Usage covers how to cite and reuse the archives. Contact uses a private form.

  1. Home
  2. ›The Gavel
  3. ›Docket
  4. ›Dewberry Group Inc V Dewberry Engineers Inc

The Gavel · 23-900

Dewberry Group, Inc. v. Dewberry Engineers Inc.

Dewberry Group, Inc. v. Dewberry Engineers Inc.

DocketOpinionsSCOTUS docketCourtListener
Docket
23-900
Term
OT 2024
Status
Decided
Decided
Feb 26, 2025

Why tracked

Ledger editorial note, not an official Court ranking of importance.

SCOTUS merits case argued in OT 2024.

Lineup

  • Opinion of the Court

    Elena Kagan

Opinions

All opinions

Opinion clusters from the case record, with links out when you want the publisher page. Full archived text follows below.

  • Dewberry Group, Inc. v. Dewberry Engineers Inc.

    Feb 26, 2025

    Opinion PDF
    • Opinion of the Court · Elena Kagan

Archived opinion text

From the case record · courtlistener:html_with_citations · Select text to annotate

Opinion of the Court

Elena Kagan

(Slip Opinion) OCTOBER TERM, 2024 1

 Syllabus

 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
 being done in connection with this case, at the time the opinion is issued.
 The syllabus constitutes no part of the opinion of the Court but has been
 prepared by the Reporter of Decisions for the convenience of the reader.
 See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337 .

SUPREME COURT OF THE UNITED STATES

 Syllabus

 DEWBERRY GROUP, INC., FKA DEWBERRY CAPITAL
 CORP. v. DEWBERRY ENGINEERS INC.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
 THE FOURTH CIRCUIT

 No. 23–900. Argued December 11, 2024—Decided February 26, 2025

The federal Lanham Act provides for a prevailing plaintiff to recover the
 “defendant’s profits” deriving from improper use of a mark. 15 U. S. C.
 §1117 (a). Dewberry Engineers successfully sued Dewberry Group—a
 competitor real-estate development company—for trademark infringe-
 ment under the Lanham Act. Dewberry Group provides services
 needed to generate rental income from properties owned by separately
 incorporated affiliates. That income goes on the affiliates’ books; Dew-
 berry Group receives only agreed-upon fees. And those fees are appar-
 ently set at less than market rates—the Group has operated at a loss
 for decades, surviving only through cash infusions by John Dewberry,
 who owns both the Group and the affiliates. To reflect that “economic
 reality,” the District Court treated Dewberry Group and its affiliates
 “as a single corporate entity” for purposes of calculating a profits
 award. The District Court thus totaled the affiliates’ real-estate prof-
 its from the years Dewberry Group infringed, producing an award of
 nearly $43 million. A divided Court of Appeals panel affirmed that
 award.
Held: In awarding the “defendant’s profits” to the prevailing plaintiff in
 a trademark infringement suit under the Lanham Act, §1117(a), a
 court can award only profits ascribable to the “defendant” itself. And
 the term “defendant” bears its usual legal meaning: the party against
 whom relief or recovery is sought—here, Dewberry Group. The Engi-
 neers chose not to add the Group’s affiliates as defendants. Accord-
 ingly, the affiliates’ profits are not the (statutorily disgorgable) “de-
 fendant’s profits” as ordinarily understood.
2 DEWBERRY GROUP, INC. v. DEWBERRY ENGINEERS INC.

 Syllabus

 Nor do background principles of corporate law convert the one into
 the other. This Court has often read federal statutes to incorporate
 such principles. So if corporate law treated all affiliated companies as
 “a single corporate entity,” there could be reason to construe the term
 “defendant” in the same vein. See United States v. Bestfoods, 524 U. S.
 51, 62 . But the usual rule is the opposite. “[I]t is long settled as a
 matter of American corporate law that separately incorporated organ-
 izations are separate legal units with distinct legal rights and obliga-
 tions.” Agency for Int’l Development v. Alliance for Open Society Int’l
 Inc., 591 U. S. 430 , 435. And that is so even if the entities are affili-
 ated—as they are here by virtue of having a common owner. While a
 court may in select circumstances “pierc[e] the corporate veil,” espe-
 cially to prevent corporate formalities from shielding fraudulent con-
 duct, Bestfoods, 524 U. S., at 62 , Dewberry Engineers admits that it
 never tried to make the showing needed for veil-piercing. So the de-
 mand to respect corporate formalities remains. And that demand ac-
 cords with the Lanham Act’s text: the “defendant’s profits” are the de-
 fendant’s profits, not its plus its affiliates’.
 Dewberry Engineers does not contest these points; it instead argues
 that a court may take account of an affiliate’s profits under a later sen-
 tence in the Lanham Act’s remedies section: “If the court shall find that
 the amount of the recovery based on profits is either inadequate or ex-
 cessive[,] the court may in its discretion enter judgment for such sum
 as the court shall find to be just, according to the circumstances.”
 §1117(a). In the Engineers’ view, this so-called “just-sum provision”
 enables a court, after first assessing the “defendant’s profits,” to deter-
 mine that a different figure better reflects the “defendant’s true finan-
 cial gain.” Brief for Respondent 24. And at that “second step” of the
 process, the court can consider “as relevant evidence” the profits of re-
 lated entities. But the District Court did not rely on the just-sum pro-
 vision. It simply treated Dewberry Group and its affiliates as a single
 corporate entity in calculating the “defendant’s profits.” And the
 Fourth Circuit approved that approach, thinking it justifiable in the
 circumstances to ignore the corporate separateness of the affiliated
 companies. The just-sum provision did not come into the analysis and
 therefore does not support the $43 million award given.
 In remanding this case for a new award proceeding, the Court leaves
 a number of questions unaddressed. The Court expresses no view on
 whether or how the courts could have used the just-sum provision to
 support a profits award; whether or how courts can look behind a de-
 fendant’s tax or accounting records to consider a defendant’s true fi-
 nancial gain even without relying on the just-sum provision; and
 whether veil-piercing remains an available option. Pp. 4–8.
 77 F. 4th 265 , vacated and remanded.
 Cite as: 604 U. S. ____ (2025) 3

 Syllabus

 KAGAN, J., delivered the opinion for a unanimous Court. SOTOMAYOR,
J., filed a concurring opinion.
 Cite as: 604 U. S. ____ (2025) 1

 Opinion of the Court

 NOTICE: This opinion is subject to formal revision before publication in the
 United States Reports. Readers are requested to notify the Reporter of
 Decisions, Supreme Court of the United States, Washington, D. C. 20543,
 pio@supremecourt.gov, of any typographical or other formal errors.

SUPREME COURT OF THE UNITED STATES
 _________________

 No. 23–900
 _________________

DEWBERRY GROUP, INC., FKA DEWBERRY CAPITAL
 CORPORATION, PETITIONER v. DEWBERRY
 ENGINEERS INC.
 ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
 APPEALS FOR THE FOURTH CIRCUIT
 [February 26, 2025]

 JUSTICE KAGAN delivered the opinion of the Court.
 A prevailing plaintiff in a trademark infringement suit is
often entitled to an award of the “defendant’s profits.” 15
U. S. C. §1117 (a). In making such an award, the District
Court in this case totaled the profits of the named corporate
defendant with those of separately incorporated affiliates
not parties to the suit. We hold today that the court erred
in doing so. Under the pertinent statutory provision, the
court could award only profits properly ascribable to the de-
fendant itself.
 I
 The trademark dispute here is between two unrelated
real-estate companies with the word “Dewberry” in their
names.
 Dewberry Engineers provides real-estate development
services for commercial entities across the country, and par-
ticularly in several southeastern States. It owns a regis-
tered trademark in the word “Dewberry.” That mark gives
Dewberry Engineers certain exclusive rights to use the
“Dewberry” name in offering real-estate services.
2 DEWBERRY GROUP, INC. v. DEWBERRY ENGINEERS INC.

 Opinion of the Court

 Dewberry Group is also a commercial real-estate com-
pany operating in the southeast. Owned by developer John
Dewberry, it provides services solely to other, separately in-
corporated companies in his portfolio (about 30 in all). Each
of those affiliates owns a piece of commercial property for
lease, but none has employees to carry out business func-
tions. That is instead Dewberry Group’s role. It affords the
affiliates the services needed—financial, legal, operational,
and marketing—to generate rental income from the prop-
erties they own. That income goes on the affiliates’ books;
Dewberry Group receives only agreed-upon fees. And those
fees are apparently set at less than market rates. Accord-
ing to its tax returns, the Group has operated at a loss for
decades; it survives only through occasional cash infusions
from John Dewberry himself. Meanwhile, the affiliates—
which, recall, he also owns—have racked up tens of millions
of dollars in profit.
 The success of John Dewberry’s overall business comes in
part from trademark infringement—specifically, from Dew-
berry Group’s violation of Dewberry Engineers’ trademark
rights in the “Dewberry” name. (If that sentence is confus-
ing—too darn many Dewberrys—it is also a good illustra-
tion of why trademarks exist: to prevent consumers from
being confused about which company is providing a product
or service.) Dewberry Engineers has sought to defend its
trademark rights against Dewberry Group for nearly two
decades. In 2007, an infringement suit the Engineers
brought against the Group led to a settlement limiting the
latter’s use of the word “Dewberry.” But a decade or so
later, Dewberry Group reneged on the deal. As part of a
rebranding effort, the Group resumed its use of the “Dew-
berry” name in the marketing and other materials it used
to lease its affiliates’ properties.
 So Dewberry Engineers sued Dewberry Group again, and
won decisively. The action—brought against Dewberry
Group alone—alleged trademark infringement and unfair
 Cite as: 604 U. S. ____ (2025) 3

 Opinion of the Court

competition under the federal Lanham Act, as well as
breach of contract (i.e., the settlement agreement) under
state law. The District Court found Dewberry Group liable
on all counts. It was especially scathing about Dewberry
Group’s trademark infringements. Those violations, the
court held, were “intentional, willful, and in bad faith.”
 2022 WL 1439826 , *6 (ED Va., Mar. 2, 2022). Dewberry
Group had encountered “numerous red flags alerting it to
the illegality of its conduct,” yet continued to use the trade-
marked name. Id., at *2 ; see id., at *6 . Those findings of
willful infringement, later affirmed by the Court of Appeals
for the Fourth Circuit, are not before us. See 77 F. 4th 265,
289, 291 (2023).
 What remains in dispute is the District Court’s award of
profits to remedy the infringement. The Lanham Act pro-
vides for a prevailing plaintiff like Dewberry Engineers to
recover the “defendant’s profits” deriving from a trademark
violation. §1117(a). The sole named defendant here is Dew-
berry Group. But Dewberry Group, as noted above, reports
no profits. See supra, at 2. Rather, the District Court
found, the profits from the Group’s illicit conduct (as from
all its services) “show up exclusively on the [property-own-
ing affiliates’] books.” 2022 WL 1439826 , *9. To reflect that
“economic reality,” the court decided to treat Dewberry
Group and its affiliates “as a single corporate entity” for
purposes of calculating a profits award. Id., at *10 . If those
companies were viewed separately, the court reasoned, the
“entire Dewberry Group enterprise” would “evade the fi-
nancial consequences of its willful, bad faith infringement.”
 Ibid. By contrast, considering the companies together
would prevent the “unjust enrichment” that the Act was
meant to target. Ibid. The court thus totaled the affiliates’
real-estate profits from the years Dewberry Group in-
fringed, producing an award of nearly $43 million. See id.,
at *14 .
 A divided Court of Appeals panel affirmed that award.
4 DEWBERRY GROUP, INC. v. DEWBERRY ENGINEERS INC.

 Opinion of the Court

Reiterating the “ ‘economic reality’ of Dewberry Group’s re-
lationship with its affiliates,” the majority approved the
District Court’s treatment of all the companies “as a single
corporate entity.” 77 F. 4th, at 290 (quoting 2022 WL
1439826 , *10). That approach, the majority reasoned,
properly “h[e]ld Dewberry Group to account” for its use of
infringing materials to generate corporate profits. 77 F.
4th, at 293 . It did not matter that the affiliates, rather than
the Group, “receive[d] the revenues” earned, given the links
among those companies. Ibid. To hold otherwise, the ma-
jority thought, would give businesses a “blueprint for using
corporate formalities to insulate their infringement from fi-
nancial consequences.” Ibid. Judge Quattlebaum dis-
sented. He would have held that the District Court had no
authority, in calculating a defendant’s profits, to “simply
add the revenues [of] non-parties.” Id., at 300 .
 We granted certiorari, 602 U. S. ___ (2024), and we now
vacate the decision below.
 II
 The statutory text authorizing a profits award for trade-
mark infringement offers no support for the approach the
courts below took. Again, the section of the Lanham Act
addressing remedial issues provides that a plaintiff like
Dewberry Engineers is “entitled” to “recover [the] defend-
ant’s profits.” §1117(a); see supra, at 3. The term “defend-
ant” is not specially defined, and thus bears its usual legal
meaning. A “defendant” is “the party against whom relief
or recovery is sought in an action or suit.” Black’s Law Dic-
tionary 541 (3d ed. 1933). So here the defendant is the en-
tity named in Dewberry Engineers’ complaint as liable for
infringing the “Dewberry” trademark. And that entity is
Dewberry Group alone. See App. 1 (“The Plaintiff, Dew-
berry Engineers . . . files this Complaint against the De-
fendant, Dewberry Group”). The Engineers chose not to
add the Group’s property-owning affiliates as defendants.
 Cite as: 604 U. S. ____ (2025) 5

 Opinion of the Court

Accordingly, the affiliates’ profits are not the (statutorily
disgorgable) “defendant’s profits” as ordinarily understood.
 Nor do background principles of corporate law convert
the one into the other. We have often read federal statutes
to incorporate such principles, on the view that Congress
would not have wanted to displace “bedrock” features of the
common law. United States v. Bestfoods, 524 U. S. 51, 62
(1998). So if corporate law treated all affiliated companies
as (in the District Court’s phrase) “a single corporate en-
tity,” we might construe the term “defendant” in the same
vein—as sweeping in the named defendant’s affiliates be-
cause they lack a distinct identity. But in fact the usual
rule is the opposite. “[I]t is long settled as a matter of Amer-
ican corporate law that separately incorporated organiza-
tions are separate legal units with distinct legal rights and
obligations.” Agency for Int’l Development v. Alliance for
Open Society Int’l Inc., 591 U. S. 430 , 435 (2020). And that
is so even if the entities are affiliated—as they are here by
virtue of having a common owner. See ibid.; Dole Food Co.
v. Patrickson, 538 U. S. 468 , 474–475 (2003). To be sure,
the “principle[ ] of corporate separateness” has exceptions:
A court may in select circumstances “pierc[e] the corporate
veil,” especially to prevent corporate formalities from
shielding fraudulent conduct. Bestfoods, 524 U. S., at 62 ;
Dole Food, 538 U. S., at 475 . But Dewberry Engineers, as
it admits, never tried to make the showing needed for veil-
piercing. See Brief for Respondent 52, n. 8. So the demand
to respect corporate formalities remains. And that demand
fits hand-in-glove with the Lanham Act’s text: Again, the
“defendant’s profits” are the defendant’s profits, not its plus
its affiliates’.
 Dewberry Engineers cannot, and so does not, contest
those points; to defend the decisions below, it must set off
on a different path, involving different statutory language.
True enough, concede the Engineers, that a court has no
authority to “disregard corporate separateness” and order
6 DEWBERRY GROUP, INC. v. DEWBERRY ENGINEERS INC.

 Opinion of the Court

disgorgement of an affiliate’s profits as the “defendant’s”
own. Id., at 2. But a court, the company says, may take
account of an affiliate’s profits in another way. Dewberry
Engineers here invokes a later sentence in the Act’s reme-
dies section: “If the court shall find that the amount of the
recovery based on profits is either inadequate or excessive[,]
the court may in its discretion enter judgment for such sum
as the court shall find to be just, according to the circum-
stances.” §1117(a). In the Engineers’ view, that so-called
just-sum provision enables a court, after first assessing the
“defendant’s profits,” to determine that a different figure
better reflects the “defendant’s true financial gain.” Id., at
24. And at that “second step” of the process, the court can
consider “as relevant evidence” the profits of related enti-
ties—for example, to see if the defendant diverted some of
its earnings to an affiliate’s books. Id., at 1, 38. Finally,
Dewberry Engineers contends that the courts below in fact
followed that approach. In other words, those courts merely
considered the affiliates’ profits as evidence in assessing
Dewberry Group’s “true financial gain" under the just-sum
provision. Id., at 40.
 But that is not a tenable take on why Dewberry Engi-
neers got a $43 million award. The District Court did not
rely on the just-sum provision, or suggest that it was de-
parting up from Dewberry Group’s reported profits to re-
flect the company’s true gain. There was no two-step pro-
cess for deciding on the award, but only a single step: the
calculation of the “defendant’s profits.” 2022 WL 1439826 ,
*14; see id., at *9–*10. And in making that assessment, the
District Court designated whose profits should count: both
Dewberry Group’s and its affiliates’, because all those com-
panies should be “treated as a single corporate entity.”
 Ibid. That treatment, by its terms, disregards “corporate
formalities”—and likewise the “principle[ ] of corporate sep-
arateness.” Dole Food, 538 U. S., at 476 ; Bestfoods, 524
U. S., at 62 . The proof, if any more were needed, is in the
 Cite as: 604 U. S. ____ (2025) 7

 Opinion of the Court

number the court arrived at. It was simply the sum of all
the Dewberry entities’ real-estate profits for the relevant
years. That amount accords with the idea that Dewberry
Group and its affiliates should be regarded as one—as
in toto the “defendant.” But it conflicts with the Engineers’
alternative understanding of what happened below. For a
court adopting the Engineers’ view would have had to iden-
tify which of the affiliates’ profits were properly attributa-
ble to Dewberry Group, as reflecting the Group’s own gain.
And the court could not plausibly have concluded that all of
them were, given (at a minimum) that the affiliates owned
the rent-producing properties. The only way to reach the
District Court’s wholesale result was to take a simpler tack:
to lump together Dewberry Group and its affiliates as (in
the court’s own words) a single entity.
 So too, the Court of Appeals’ decision bears no resem-
blance to Dewberry Engineers’ description. No more than
the District Court did the Fourth Circuit rely on the just-
sum provision, or on any “second-step” analysis that it ena-
bles. The Court of Appeals related, in straightforward man-
ner, the basis of the District Court’s decision: The lower
court, to determine profits, “treated Dewberry Group and
its affiliates as a single corporate entity.” 77 F. 4th, at 290 .
And the appellate court approved that treatment for much
the same reasons the District Court gave—because of the
“economic reality” of how the Dewberry companies operated
and the fear that “corporate formalities” would otherwise
insulate infringing conduct from any penalty. See ibid.; id.,
at 293 ; supra, at 3. The concern in such circumstances is
not amiss. But as even the Engineers agree, it cannot jus-
tify ignoring the distinction between a corporate defendant
(i.e., Dewberry Group) and its separately incorporated affil-
iates. By treating those entities as one and the same, the
courts below approved an award including non-defendants’
profits—and thus went further than the Lanham Act per-
mits.
8 DEWBERRY GROUP, INC. v. DEWBERRY ENGINEERS INC.

 Opinion of the Court

 In remanding this case for a new award proceeding, we
leave a number of questions unaddressed. First, we express
no view on Dewberry Engineers’ understanding of the just-
sum provision. We have concluded only that the courts be-
low did not invoke that provision to support the $43 million
award. Whether (or how) they could have used the provi-
sion is not properly before us; still less is whether Dewberry
Engineers may press its just-sum theory on remand given
forfeiture rules. Second, we also state no view on the posi-
tion of the Government respecting when courts, even with-
out relying on the just-sum provision, can look behind a de-
fendant’s tax or accounting records to consider “the
economic realities of a transaction” and identify the defend-
ant’s “true financial gain.” Brief for United States as Ami-
cus Curiae 13; see id., at 18–22, 30–34; Tr. of Oral Arg. 36–
41. Again, it is now up to the lower courts to decide whether
to consider the Government’s proposals. And third, we offer
no opinion on whether, as raised during oral argument
here, corporate veil-piercing is an available option on re-
mand. See id., at 77; Brief for Respondent 52, n. 8.
 All we hold today is that the courts below were wrong to
treat Dewberry Group and its affiliates as a single entity in
calculating the “defendant’s profits.” Dewberry Group is
the sole defendant here, and under that language only its
own profits are recoverable.
 We therefore vacate the judgment of the Court of Appeals
and remand the case for further proceedings consistent
with this opinion.
 It is so ordered.
 Cite as: 604 U. S. ____ (2025) 1

 SOTOMAYOR, J., concurring

SUPREME COURT OF THE UNITED STATES
 _________________

 No. 23–900
 _________________

 DEWBERRY GROUP, INC., FKA DEWBERRY CAPITAL
 CORPORATION, PETITIONER v. DEWBERRY
 ENGINEERS INC.
 ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
 APPEALS FOR THE FOURTH CIRCUIT
 [February 26, 2025]

 JUSTICE SOTOMAYOR, concurring.
 I join in full the Court’s opinion, which holds that courts
must respect principles of corporate separateness in calcu-
lating a “defendant’s profits” for purposes of the Lanham
Act. See ante, at 5, 8. Those principles and the Lanham
Act’s plain text forbade the lower courts from attributing to
Dewberry Group all the profits of its affiliates, absent veil
piercing. See ante, at 4–5. Dewberry Group itself, however,
reports no profits on its tax returns. It has operated at a
loss for decades, while its affiliates have made tens of mil-
lions in profits with the aid of the Group’s trademark-in-
fringing services. Before the lower courts, Dewberry Group
indicated that its own tax returns should control the calcu-
lation of its profits, meaning that the Group would owe zero
dollars in disgorgement.*
 I write separately to underscore that principles of corpo-
rate separateness do not blind courts to economic realities.
Nor do they force courts to accept clever accounting, includ-
ing efforts to obscure a defendant’s true financial gain
——————
 *See 77 F. 4th 265, 290 (CA4 2023) (“Dewberry Group presented evi-
dence that it ‘generated zero profits because the Dewberry Group, Inc.
tax entity showed losses on its tax returns’ ”); 2022 WL 1439826 , *9, *13
(ED Va., Mar. 2, 2022); 10 Ct. App. in No. 22–1622 etc. (CA4), pp. 4958–
4965.
2 DEWBERRY GROUP, INC. v. DEWBERRY ENGINEERS INC.

 SOTOMAYOR, J., concurring

through arrangements with affiliates. To the contrary,
there are myriad ways in which courts might consider ac-
counting arrangements between a defendant and its affili-
ates in calculating a “defendant’s profits.” Two examples
illustrate the point.
 First, consider a company that establishes a non-arm’s-
length relationship with an affiliate that effectively assigns
some portion of its revenues to the latter. For instance, if
the company charges below-market rates to its affiliate for
infringing services, that arrangement might be seen as es-
sentially assigning a share of the company’s earnings to its
affiliate in advance. The affiliate’s profits in that scenario
might bear on what the company itself would have earned
in an arm’s-length relationship. Taking account of such ev-
idence in calculating the company’s profits would likely not
transgress corporate formalities or the Lanham Act’s text,
so long as the court’s focus remained on calculating “profits
properly ascribable to the defendant itself.” Ante, at 1.
 This Court, moreover, has long recognized in the tax con-
text that it is possible to account for anticipatory assign-
ment schemes without contravening principles of corporate
separateness. See, e.g., Commissioner v. Banks, 543 U. S.
426, 433 (2005) (“A taxpayer cannot exclude an economic
gain from gross income by assigning the gain in advance to
another party”); Commissioner v. Sunnen, 333 U. S. 591,
604 (1948) (similar); Lucas v. Earl, 281 U. S. 111 , 114–115
(1930) (similar). That precedent may provide guidance in
calculating a “defendant’s profits” under the Lanham Act
when courts are faced with similar arrangements, “ ‘how-
ever skillfully devised[,] to prevent [income] . . . from vest-
ing even for a second in the man who earned it.’ ” Banks,
 543 U. S., at 434 (quoting Lucas, 281 U. S., at 115 (second
alteration in original)).
 Second, courts calculating disgorgement awards might
consider evidence that a company indirectly received com-
pensation for infringing services through related corporate
 Cite as: 604 U. S. ____ (2025) 3

 SOTOMAYOR, J., concurring

entities. For instance, where there is evidence that a com-
pany charged below-market rates for infringing services to
affiliates, but a common owner made up the difference via
cash infusions to the company, that evidence may bear on
the company’s profits under the Lanham Act. Indeed, such
cash infusions may reflect some portion of the profits that
the company would have earned from its infringing services
in an arm’s-length relationship. See Brief for United States
as Amicus Curiae 18–19. Again, drawing on such evidence
in calculating a Lanham Act disgorgement award need not
impermissibly attribute an affiliate’s profits to the defend-
ant.
 This is all to say that principles of corporate separateness
do not force courts to close their eyes to practical realities
in calculating a “defendant’s profits.” After all, the Lanham
Act itself directs courts to calculate such profits “subject to
the principles of equity.” 15 U. S. C. §1117 (a). Those prin-
ciples, unsurprisingly, support the view that companies
cannot evade accountability for wrongdoing through crea-
tive accounting. Equity “regards substance rather than
form.” 2 J. Pomeroy, Equity Jurisprudence §378, p. 40 (5th
ed. 1941) (internal quotation marks omitted). And equity
demands “the wrongdoer should not profit by his own
wrong.” Liu v. SEC, 591 U. S. 71, 80 (2020) (internal quo-
tation marks omitted). Congress enacted the Lanham Act,
moreover, to ensure “trademarks [w]ould receive nationally
the greatest protection that can be given them.” Park ’N
Fly, Inc. v. Dollar Park & Fly, Inc., 469 U. S. 189, 193 (1985)
(internal quotation marks omitted). Disgorgement awards
play a leading role in that regime, and the text of the Act
forecloses any claim that Congress looked favorably on easy
evasion.
 Because this issue was not considered below within the
right framework, the Court today rightly declines to decide
exactly when and how courts may look beyond a defendant’s
books in calculating Lanham Act disgorgement awards.
4 DEWBERRY GROUP, INC. v. DEWBERRY ENGINEERS INC.

 SOTOMAYOR, J., concurring

See ante, at 8. In new award proceedings on remand, how-
ever, the lower courts may explore that important issue and
consider reopening the record if appropriate. See Zenith
Radio Corp. v. Hazeltine Research, Inc., 401 U. S. 321, 331
(1971) (“[A] motion to reopen to submit additional proof is
addressed to [the trial court’s] sound discretion”). Courts
must be attentive to practical business realities for our Na-
tion’s trademark laws to function, and the Lanham Act
gives courts the power and the duty to do so.

Margin notes

Select text in an opinion to add a private margin note.