United States Second Circuit
Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc., 17‐0361
Reinstated a trademark infringement suit despite the district court's finding that the plaintiff had released its trademark claims 15 years earlier as part of a settlement agreement between same parties. In this case involving two competitors in the apparel industry, the Second Circuit held that res judicata precluded the defendant from raising its release-of-claims defense because it could have asserted that defense in an earlier action, and thus the panel vacated dismissal of the suit.
Appellate Information
- Published 2018/08/02
Judges
- Walker
Court
- United States Second Circuit