News & Analysis as of

Fashion Branding Supreme Court of the United States

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 25

Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more

Whitcomb Selinsky, PC

Supreme Court Rules Against Defense Preclusion Theory

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On May 14, 2020, the U.S. Supreme Court ruled on Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc., unanimously holding a party is not precluded from raising defenses submitted in earlier litigation when a subsequent...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 22

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

WilmerHale

Supreme Court Suggests Claim Preclusion May Be Less Relevant to Trademark Cases and Questions Its Applicability to a Defense...

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On May 14, 2020, the U.S. Supreme Court decided Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc., No. 18-1086, addressing the subjects of claim and issue preclusion. The Court held that claim preclusion (or...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 21

SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant...more

Dorsey & Whitney LLP

A Lucky Day at the Supreme Court for Lucky Brand

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Lucky Brand has emerged victorious in the latest skirmish of its nearly 20-year trademark litigation battle with Marcel Fashions, a competitor in the apparel business. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group,...more

Proskauer - Minding Your Business

Supreme Court Narrowly Rejects Second Circuit’s Sweeping “Defense Preclusion” Doctrine

Earlier this month, the United States Supreme Court unanimously rebuffed the Second Circuit’s attempt to expand the scope of res judicata to include the so-called concept of “defense preclusion” – a novel doctrine that would...more

McCarter & English, LLP

Some Brands Have All The Luck

The Supreme Court has now resolved a nearly 20-year legal battle between Lucky Brand Dungarees and Marcel Fashions Group over their respective trademarks. The ruling is important to trademark owners because it reinforces how...more

Bradley Arant Boult Cummings LLP

Lucky Brand v. Marcel: Lucky Brand Gets Lucky on Claim Preclusion

The outdated pair of acid washed jeans that your dad wears to mow the lawn seem brand new in comparison to the nearly 20 years of litigation between Lucky Brand and Marcel over the use of various “Lucky” trademarks. Last...more

Goulston & Storrs PC

Supreme Court Changes Lucky Brand’s Luck in 20-Year Trademark Dispute

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On May 14, 2020, the Supreme Court of the United States issued its opinion in the latest round of a 20-year long trademark dispute between Lucky Brand Dungarees, Inc. and Marcel Fashion Group, Inc. over the use of “Lucky.” ...more

Jackson Walker

Supreme Court Addresses “Defense Preclusion” as a Component of Res Judicata in New Trademark Decision

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In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., the United States Supreme Court recently considered for the first time whether and the extent to which it should recognize “defense preclusion” as a valid...more

Jones Day

A Lucky Day for Lucky Brand: U.S. Supreme Court Rejects Second Circuit's Defense Preclusion Test - The Court rules in favor of...

Jones Day on

In a unanimous opinion, the U.S. Supreme Court ruled in favor of jeans manufacturer, Lucky Brand Dungarees, Inc. ("Lucky"), in its protracted trademark battle with Marcel Fashions Group, Inc. ("Marcel"), holding that Lucky...more

Akerman LLP - Marks, Works & Secrets

After Almost 20 Years of Litigation, “Lucky” Finally Gets Lucky

On May 14, 2020, the United States Supreme Court held in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., that a party is not precluded from raising new defenses, when a subsequent lawsuit between the same...more

Blank Rome LLP

Lucky Brand Gets Lucky in Trademark Fight: SCOTUS Unanimously Strikes Opponent’s Novel Defense Preclusion Theory

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Competitors with similar trademarks can find themselves in long-running trademark disputes, making for bitter rivals. Multiple rounds of litigation are not only contentious, but also expose litigants to procedural pitfalls....more

Eversheds Sutherland (US) LLP

Marcel Fashions Group did not “get lucky” with the doctrine of defense preclusion

On May 14, 2020, in a unanimous opinion authored by Justice Sotomayor, the US Supreme Court overturned the “defense preclusion” doctrine proposed by the Second Circuit, upholding the requirement that preclusion of a defense...more

BakerHostetler

No Luck Needed for Lucky Brand at the Supreme Court

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The Supreme Court yesterday issued its second trademark decision of this term. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Case No. 18-1086 (S. Ct. May 14, 2020), the ultimate question before the Court was...more

Dorsey & Whitney LLP

The Supreme Court - May 14, 2020

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Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., No. 18-1086: Petitioner Lucky Brand Dungarees and respondent Marcel Fashions Group have been engaged in three separate rounds of trademark-related litigation over a...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc.

On May 14, 2020, the Supreme Court of the United States decided Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc., No. 18-1086, holding that a party is not precluded from raising defenses submitted in earlier...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Rejects ‘Defense Preclusion’ in Trademark Suit

On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand Dungarees, Inc. (Lucky...more

Snell & Wilmer

Supreme Court Determines No Claim Preclusion of Defense in Trademark Infringement Suit

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Today, a unanimous Supreme Court held in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group., Inc. that claim preclusion did not prevent Lucky Brand from asserting a defense it failed to fully litigate in a prior lawsuit...more

Mintz - Intellectual Property Viewpoints

Defense in Trademark Action Not Precluded by Failure to Raise Same Defense in Earlier Action

The Supreme Court unanimously held this week that Lucky Brand was not precluded from mounting a new defense in its litigation with Marcel Fashions Group — despite having chosen not to bring up the same defense in a prior...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Rules That Lucky Brand Is Not Precluded from Raising a Defense in a Later Suit for Failing to Litigate the Defense...

Yesterday, the U.S. Supreme Court issued a unanimous opinion in a long-running trademark dispute: Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc., No.  The question presented to the Court was whether Lucky...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 20

Welcome to the Fall 2019 issue of Kattwalk. In this issue, we are pleased to introduce you to Bret Danow, a partner in Katten’s New York office with a broadbased trademark practice that covers the entire lifecycle of a brand,...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 19

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Dorsey & Whitney LLP

The “F Word” Taking Center Stage at the U.S. Supreme Court

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On Friday, while some of us may have been muttering a few bad words as we slogged through our post-holiday inboxes, the Supreme Court was toying with a naughty word of its own: FUCT. That’s right. Late last week the Court...more

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