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Danielle Johnson Quoted in Westlaw Journal

Defense preclusion at issue in ‘Lucky’ trademark tiff before Supreme Court

January 29, 2020
Westlaw Journal Intellectual Property

Danielle Johnson, an associate in the firm's Intellectual Property Group was recently quoted in a Westlaw Journal Intellectual Property article, "Defense preclusion at issue in ‘Lucky’ trademark tiff before Supreme Court" regarding the case recently heard before the U.S. Supreme Court, Lucky Brand Dungarees Inc. et al. v. Marcel Fashions Group Inc. The companies argued what circumstances allow the defense preclusion to apply with Lucky Brand asserting the doctrine should not bar its defense to Marcel's trademark infringement allegations.

Ms. Johnson "warned that the facts did not paint Lucky Brand as a 'particularly sympathetic defendant.' The 2nd Circuit panel noted that 'trial courts have broad discretion to determine when defenses should be precluded, bound by concerns of efficiency and fairness,' she said."

To read the full article, please click here.

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