U.S. Supreme Court,
Intellectual Property
May 26, 2020
Ruling could be used to validate successive trademark suits over time
Last week, the U.S. Supreme Court unanimously reversed the 2nd Circuit’s application of res judicata to bar Lucky Brand’s assertion of a defense in a 2011 lawsuit where it failed to litigate that same defense in a separate lawsuit in 2005.
Ruling could be used to validate successive trademark suits over time
On May 14, the U.S. Supreme Court unanimously reversed the 2nd U.S. Circuit Court of Appeals' application of res judicata to bar Lucky Brand's assertion of a defense in a 2011 lawsuit where it failed to litigate that same defense in a separate lawsuit in 2005. $95
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