Lucky Brand Dungarees v. Marcel Fashions Group - Post-Decision SCOTUScast
Jun 15, 2020•18 min
Episode description
On May 14, 2020, in an opinion by Justice Sotomayor the Supreme Court, in a vote of 9-0, reversed and remanded the case Lucky Brand Dungarees v. Marcel Fashions Group holding:
Because the trademark action at issue challenged different conduct—and raised different claims—from an earlier action between the parties, Marcel cannot preclude Lucky Brand from raising new defenses, including a defense that Lucky Brand failed to press fully in the earlier suit.
To discuss the case, we have Paul Stancil, Professor of Law at Bingham Young University.
Because the trademark action at issue challenged different conduct—and raised different claims—from an earlier action between the parties, Marcel cannot preclude Lucky Brand from raising new defenses, including a defense that Lucky Brand failed to press fully in the earlier suit.
To discuss the case, we have Paul Stancil, Professor of Law at Bingham Young University.
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