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Lucky Brand Dungarees Inc. v. Marcel Fashion Group

Supreme Court to Review Scope of Claim/Defense Preclusion

Lucky Brand Dungarees Inc. v. Marcel Fashion Group, No. 18-1086 (U.S. cert. granted June 28, 2019) (Per curiam) (2nd Cir.: Winter, Walker, Poole) (S.D.N.Y.: Swain) (5 of 5 stars)

Supreme Court grants Lucky’s petition for certiorari from the Second Circuit’s decision (898 F.3d 232 (2nd Cir. 2018)) holding that the doctrine of defense preclusion barred Lucky from defending itself against Marcel’s trademark and unfair competition claims on a theory that Marcel had released its claims via a prior negotiated settlement. The question presented in Lucky’s petition is:

  1. Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.

KEYWORDS: TRADEMARK; CLAIM PRECLUSION; DEFENSE PRECLUSION