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Do You Feel Lucky?

DO YOU FEEL LUCKY?

The Supreme Court recently decided another intellectual property case in Lucky Brand Dungarees, Inc. v. Marcel Fashions Grp., Inc., No. 18-1086, 2020 WL 2477020, at *2 (U.S. May 14, 2020) (“Lucky Brand”). Although the case concerned trademark infringement, the issue before the Supreme Court went to whether to recognize a separate res judicata doctrine titled “defense preclusion.” Justice Sotomayor provided the opinion of a unanimous Court. Click here to continue reading.