I'm not saying that's a good argument. Only that it's strongest in Lanham Act cases.
Anyway, the oral argument recording is here: https://media.ca7.uscourts.gov/sound/external/ef.23-2948.23-2948_05_23_2024.mp3 #DysonVersusDavid7Store
And the underlying decision (by Judge Seeger): https://storage.courtlistener.com/recap/gov.uscourts.ilnd.422932/gov.uscourts.ilnd.422932.51.0.pdf
And the underlying decision (by Judge Seeger): https://storage.courtlistener.com/recap/gov.uscourts.ilnd.422932/gov.uscourts.ilnd.422932.51.0.pdf "The Court declines the request to award profits because Plaintiff offered evidence of revenue, not profits. Revenue and profits are not the same thing. The Court declines the invitation to assume that all of the revenue equals profits." #ScheduleA