Justices Seem Wary Of 2nd Circ.'s Ruling In 'Lucky' TM Case

Law360 (January 13, 2020, 7:24 PM EST) -- The U.S. Supreme Court seemed skeptical Monday about a novel ruling by the Second Circuit that applied the doctrine of res judicata in a trademark case over dueling "Lucky" brands, including Justice Stephen Breyer, who said he did not "know where they got it from."

The U.S. Supreme Court heard arguments Monday in a trademark infringement case involving Lucky Brand Dungarees. Above, the Lucky Brand store in the SoHo neighborhood of New York. (Getty) During oral arguments in Lucky Brand Dungarees Inc. v. Marcel Fashions Group Inc., the justices appeared wary of the Second Circuit's 2018 ruling in Marcel Fashions' favor, which...

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