When a Plaintiff Brings a Second Suit Against a Defendant for Continuing to Violate the Plaintiff's Trademark, Is the Defendant Barred from Raising a Defense that It Did Not Raise in the Plaintiff's Earlier Case?

CASE AT A GLANCE In 2001, Marcel Fashion Group, Inc., sued Lucky Brand Dungarees, Inc., for violating its trademark. The parties settled the case and entered into a settlement agreement that, among other things, released Lucky from certain trademark claims in the future. In 2005, Marcel again sued Lucky for trademark violations. Lucky did not raise a defense based on the release, and Marcel prevailed. In 2011, Marcel yet again sued Lucky for ongoing trademark violations. This time, however, Lucky raised a defense based on the release.
Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc. Docket No. 18-1086 Argument Date: January 13, 2020 From: The Second Circuit INTRODUCTION Under res judicata, a plaintiff is barred from [...]