Sunday, October 17, 2010

Famous Brands: Infringement, Priority, and Discovery Violations

Lucky Brand Dungarees Inc., et al. v. Ally Apparel Resources LLC, USDC SDNY. Case No. 1:2005cv067 (May 5, 2010). not cited on Westlaw.

Lucky Brand sued Marcel Fashion Group Inc., owners of the “GET LUCKY” apparel line and its licensee Ally Apparel for trademark infringement in 2005. However, the trademark “GET LUCKY” was registered and used by Marcel Fashions long before Lucky Brand came into existence. Also, Lucky Brand, represented by Greenberg Traurig, was sanctioned for discovery violations.

Marcel Fashions counterclaimed and won a partial summary judgment on some trademark issues and breach of a settlement agreement from 2003. Marcel Fashions also won a $580,000 jury verdict for federal trademark infringement at trial against New York-based Liz Claiborne Inc. Marcel Fashions was represented by McCool Smith.

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