The U.S. Court of Appeals for the Fourth Circuit has affirmed an award of $43 million against an Atlanta-based real estate development company accused of trademark infringement and breaching an agreement struck over a decade ago.

Dewberry Engineers, started in the mid-1950s in Northern Virginia, sued Atlanta-based Dewberry Group for allegedly infringing on the “Dewberry” trademark in the defendant’s rebranding efforts. Both companies provide similar real estate development services, and their affiliates lease commercial property to tenants across the Southeastern United States.