Lucky Can't Make New Defense In TM Fight, High Court Told

By Tiffany Hu (November 14, 2019, 6:50 PM EST) -- A company that has long accused Lucky Brand of infringing its trademarks is urging the U.S. Supreme Court to rule that the jean maker can't assert a new defense in the decadeslong dispute after failing to raise it in an earlier lawsuit over the same allegations.

In a brief filed Tuesday, Marcel Fashions Group Inc. asked the high court to uphold a Second Circuit decision last year that said Lucky Brand was barred from asserting a new defense in the case because it "could have" raised it over the previous years of litigation but chose not to.

Firing back at Lucky...

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