Serial litigation over a “Get Lucky” trademark is heading to the U.S. Supreme Court for its term beginning in the fall.
Competitors Lucky Brand Dungarees and Marcel Fashion Group have battled over trademark rights in federal courts since 2001.
The issue that’s landed them at the Supreme Court arises infrequently, a lower court said. But it gets at fundamental fairness to the parties, Lucky Brand told the justices in its request for high court review.
In the latest dispute, the New York-based U.S. Court of Appeals for the Second Circuit said Lucky Brand couldn’t raise defenses to Marcel’s infringement suit...