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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?

Authors :
Schwinn, Steven D.
Source :
Preview of United States Supreme Court Cases. January 13, 2020, Vol. 47 Issue 4, p4, 3 p.
Publication Year :
2020

Abstract

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.<br />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 [...]

Details

Language :
English
ISSN :
03630048
Volume :
47
Issue :
4
Database :
Gale General OneFile
Journal :
Preview of United States Supreme Court Cases
Publication Type :
Periodical
Accession number :
edsgcl.756121871