Trademark Infringement, Settlement Agreements, Appeals

Three Point Shot - May 2025

Proskauer Rose LLP on 6/6/2025

Rough Terrain Ahead: New York Ski Resort Operator Appeals Ruling That It Violated Antitrust Law by Buying Out Direct Competitor - Intermountain Management Inc. (“Intermountain”), a company operating popular ski areas...more

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

Stevens & Lee on 4/16/2025

In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more

Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement

McDermott Will & Schulte on 8/25/2023

In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more

Three Point Shot - November 2022

Proskauer Rose LLP on 11/30/2022

NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

Lucky Opening Brief on Cert.: Second Circuit’s Novel “Defense Preclusion” Rule Turns a Blind Eye on Bedrock Preclusion Principles

Akerman LLP - Marks, Works & Secrets on 10/29/2019

In June 2019, the United States Supreme Court granted certiorari in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086. As set forth in our prior blog posts, Lucky Brand Dungarees Inc. and related...more

Supreme Court to Address Whether Claim Preclusion Bars Defendant from Raising Defense Not Litigated or Resolved in Prior Case

McDermott Will & Schulte on 8/14/2019

The Supreme Court of the United States granted Lucky Brand’s request to address whether claim preclusion principles bar a defendant from asserting a new defense in a case when the defense could have been raised over previous...more

In Marcel v. Lucky Brands, Two Retail Companies in Long-Running Trademark Dispute Hope to “Get Lucky” at the Supreme Court

Womble Bond Dickinson on 7/18/2019

After years of litigation, two retail companies - Lucky Brand Dungarees, Inc. and Marcel Fashions Group - will have their most recent case heard by the United States Supreme Court. In 2001, Marcel Fashions sued Lucky Brand...more

Will Lucky Get Lucky This Time Around?

Akerman LLP - Marks, Works & Secrets on 7/9/2019

On Friday, June 28, 2019, the U.S. Supreme Court agreed to consider whether, in cases where a plaintiff asserts new claims, federal preclusion principles bar a defendant from raising defenses that were not actually litigated...more

Trademark Infringement › Settlement Agreements › Appeals

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