August 2, 2018 / 9:45 PM / 10 months ago

No luck for Lucky Brand in 2nd Circuit trademark decision

A federal appeals court on Thursday revived the latest lawsuit in 17 years of litigation in which Marcel Fashions Group Inc has accused Lucky Brand Dungarees Inc of infringing its “Get Lucky” trademark by putting “Lucky” on its apparel.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled 3-0 that a lower court judge wrongly concluded that Marcel released its claims in a 2003 settlement, and that Lucky Brand could invoke this release as a defense.

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