Lucky Brand Urges High Court To Reverse Ruling In TM Fight

Law360 (September 12, 2019, 2:26 PM EDT) -- Lucky Brand is urging the U.S. Supreme Court to reverse what it called an "absurd" decision barring the jean maker from asserting a new defense in a decadeslong trademark dispute because it “could have” raised it over the previous years of litigation but chose not to.

In a 48-page brief filed Wednesday, Lucky Brand Dungarees argued that the Second Circuit invented a “new preclusion rule” when it held that the jean maker was barred from arguing that a 2003 settlement in an earlier case released it from any further liability in the present lawsuit brought by the same company. Because the...

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