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Mealey's IP/Tech - Petitioner To High Court: Unresolved Trademark Defenses Are Allowed In Second Suit

WASHINGTON, D.C. - With U.S. Supreme Court oral arguments a month away, a clothing manufacturer argues in its Dec. 12 reply brief that claim preclusion did not prevent it from asserting a release defense to trademark claims against it because the present law suit involves different claims and facts from a previous lawsuit between the same parties, asking the high court to overturn an "unprecedented decision" to the contrary by the Second Circuit U.S. Court of Appeals (Lucky Brand Dungarees Inc., et al v. Marcel Fashion Group Inc., No. 18-1086, U.S. Sup.).
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