High Court May Lean Away From 2nd Circ. In 'Lucky' TM Case

Law360 (January 15, 2020, 5:57 PM EST) -- On Monday, the U.S. Supreme Court heard oral arguments in a long-standing trademark infringement dispute between Lucky Brand Dungarees Inc. and Marcel Fashion Group Inc., two competing apparel companies.

Lucky seeks reversal of the U.S. Court of Appeals for the Second Circuit’s application of res judicata to bar Lucky from raising a defense it failed to raise in a prior action between the two companies. Lucky argues that, because the claims in the current and prior action are not the same for preclusion purposes, the defense at issue cannot be the same and thus cannot be precluded.

At oral arguments, the...

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