Preclusion In Trademark Cases After High Court Lucky Ruling

Law360 (May 20, 2020, 2:38 PM EDT) -- Can a defendant's failure to litigate a defense in one suit prevent it from invoking that defense in a later suit?

While recognizing that defenses can be precluded, the U.S. Supreme Court held that it may occur only when the requirements of issue or claim preclusion are met.

Because neither issue nor claim preclusion applied to the facts presented in Lucky Brand Dungarees Inc. v. Marcel Fashions Group Inc., the court reversed the U.S. Court of Appeals for the Second Circuit's decision precluding Lucky from raising a release defense.

Furthermore, in a move that seems to create some tension with its...

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