14 January 2020TrademarksRory O'Neill

‘Defence preclusion’ line falls flat at SCOTUS, say lawyers

Marcel Fashion Group could face an “uphill battle” at the US Supreme Court in its long-running dispute with Lucky Brand Dungarees, lawyers have told WIPR.

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More on this story

10 January 2020   The US Supreme Court is set to hear arguments next week in a key dispute that is likely to have ramifications for what remedies courts can apply for trademark infringement.
1 July 2019   The US Supreme Court has agreed to rule on two trademark cases, including a dispute over whether plaintiffs must establish wilful infringement in order to be awarded profits.
15 May 2020   Defendants cannot be barred from raising defence claims that weren’t litigated through to judgment in previous cases on different issues, the US Supreme Court has ruled.