Danielle Johnson quoted on SCOTUS trademark case on WIPR
‘Defence preclusion’ line falls flat at SCOTUS, say lawyers
Danielle Johnson, an associate in the firm's Intellectual Property group was recently quoted in World Intellectual Property Review, "‘Defence preclusion’ line falls flat at SCOTUS, say lawyers" The article looks at the oral arguments heard by the Supreme Court yesterday in the long running dispute between Marcel Fashion Group and Lucky Brand Dungarees and discusses the issues Marcel might face.
Ms. Johnson predicted that Marcel could face a struggle to convince the justices. “Though Marcel tried to make the ‘defence preclusion’ rule articulated by the Second Circuit seem like the mirror image of claim preclusion, the oral arguments made clear that the rule is winding, confusing, and applied only in certain odd factual circumstances,” Johnson said.
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