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Lucky Brand Dungarees Inc. v. Marcel Fashions Group Inc.

Docket No.18-1086
Op. Below2d Cir.
ArgumentJan 13, 2020

Holding

Because the trademark action at issue challenged different conduct, and raised different claims, from an earlier action between the parties, Marcel cannot preclude Lucky Brand from raising new defenses, including a defense that Lucky Brand failed to press fully in the earlier suit.

Judgment

Reversed and remanded, 9-0, in an opinion by Sonia Sotomayor on May 14, 2020.

Proceedings & orders timeline

Dec 7, 2018
Application (18A600) to extend the time to file a petition for a writ of certiorari from December 18, 2018 to February 15, 2019, submitted to Justice Ginsburg.
Dec 10, 2018
Application (18A600) granted by Justice Ginsburg extending the time to file until February 15, 2019.
Feb 15, 2019
Petition for a writ of certiorari filed. (Response due March 25, 2019)
Mar 6, 2019
Waiver of right of respondent Marcel Fashions, Inc. to respond filed.
Mar 27, 2019
DISTRIBUTED for Conference of 4/12/2019.
Apr 1, 2019
Response Requested. (Due May 1, 2019)
Apr 30, 2019
Motion to extend the time to file a response from May 1, 2019 to May 31, 2019, submitted to The Clerk.
May 1, 2019
Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2019.
May 31, 2019
Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
May 31, 2019
Brief of respondent Marcel Fashion Group, Inc. in opposition filed.
Jun 4, 2019
DISTRIBUTED for Conference of 6/20/2019.
Jun 4, 2019
Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)
Jun 26, 2019
DISTRIBUTED for Conference of 6/27/2019.
Jun 28, 2019
Petition GRANTED.
Jul 12, 2019
Motion for an extension of time filed.
Jul 18, 2019
Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 11, 2019. The time to file respondent's brief on the merits is extended to and including November 12, 2019.
Sep 11, 2019
Joint appendix filed.
Sep 11, 2019
Brief of petitioners Lucky Brands Dungarees, Inc., et al. filed.
Nov 8, 2019
SET FOR ARGUMENT on Monday, January 13, 2020.
Nov 12, 2019
Brief of respondent Marcel Fashions Group, Inc. filed.
Nov 26, 2019
CIRCULATED
Dec 3, 2019
Record requested from the U.S.C.A. 2nd Circuit.
Dec 4, 2019
The record from the U.S.C.A. 2nd Circuit is electronically filed.
Dec 12, 2019
Reply of petitioners Lucky Brands Dungarees, Inc., et al. filed. (Distributed)
Jan 13, 2020
Argued. For petitioners: Dale Cendali, New York, N. Y. For respondent: Michael B. Kimberly, Washington, D. C.
May 14, 2020
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jun 15, 2020
JUDGMENT ISSUED.

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