June 28, 2019 / 9:56 PM / 19 days ago

Supreme Court to hear Lucky Brand trademark appeal in claim preclusion case

The U.S. Supreme Court agreed on Friday to consider whether, in cases where a plaintiff raises new claims, federal preclusion can bar a defendant from raising defenses that were not litigated and resolved in prior cases between the parties.

The court granted Lucky Brand Dungarees Inc’s request to hear its appeal from an August 2018 ruling by the 2nd U.S. Circuit Court of Appeals in New York, which had revived a lawsuit in which Marcel Fashions Group Inc accused Lucky of infringing its “Get Lucky” trademark by putting “Lucky” on its apparel.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2YjQU4j

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