“Get lucky?” Maybe yes for jeans but not with a “defense preclusion” argument in a trademark suit involving the brand.
By Jose Rojas
June 2, 2020

“Get lucky?” Maybe yes for jeans but not with a “defense preclusion” argument in a trademark suit involving the brand. According to #SCOTUS in its May 14, 2020 ruling, a party must meet usual “claim preclusion” or “issue preclusion” standards as there is no separate “defense preclusion” doctrine. In litigation spanning about 20 years, the fourth round begins with the reversal and remand of the case in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc.