Lucky Takes Hit In Spat Over 'Get Lucky' Trademark

By Liz McKenzie

Law360, New York (April 23, 2009, 12:00 AM ET) -- A federal judge has turned the tables on Lucky Brand Dungarees Inc., granting partial summary judgment in favor of defendant Marcel Fashion Group Inc., who alleged in counterclaims that Lucky Brand infringed a “Get Lucky” trademark that it registered before Lucky Brand was founded.

Judge Laura Swain of the U.S. District Court for the Southern District of New York on Wednesday ruled in favor of Marcel, finding that Lucky Brand’s t-shirts emblazoned with the phrase “Get Lucky” infringed Marcel’s trademarks.

The judge also granted summary judgment...
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