United States Second Circuit

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Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc., 12‐4341

In this case, plaintiff brought suit against defendants and sought damages and injunctive relief based on claims of trademark infringement, false designation of origin, and unfair competition. The district court granted summary judgment in favor of defendant Lucky Brand Dungarees and denied leave to replead on grounds that the action was barred by res judicata. The district court further denied plaintiff's motion to hold defendants in contempt for violation of an injunction in the prior litigation. The judgment is: 1) vacated in part, where the prior judgment in plaintiff's favor awarding damages and an injunction did not bar plaintiff from instituting a second suit seeking relief for alleged further infringements that occurred subsequent to the earlier judgment; and 2) affirmed in part, where plaintiff did not show that defendants' conduct violated the terms of the injunction.

Appellate Information

  • Decided 02/25/2015
  • Published 02/25/2015


  • Leval


  • United States Second Circuit