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U.S. Supreme Court Rejects 'Defense Preclusion' in Trademark Suit

On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand was not precluded from asserting its defenses in its long-standing trademark litigation against Marcel Fashions Group

7 minute read June 01, 2020 at 12:09 AM
By
Anthony J. Dreyer
U.S. Supreme Court Rejects 'Defense Preclusion' in Trademark Suit

On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand Dungarees, Inc.

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