Lucky Brand to Argue Circuit’s Trademark Defense Ban Was Rogue

The Supreme Court is set to weigh Lucky Brand Dungarees Inc.'s argument that the Second Circuit invented a new rule to block its defense against Marcel Fashion Group Inc.’s trademark infringement allegations, then misapplied it.

A 2003 settlement between the companies is at the center of the dispute. The apellate court barred Lucky Brand from pointing to the settlement as a defense after not doing so in an earlier infringement lawsuit over Marcel’s “Get Lucky” trademark.

The case has broad implications for civil procedure, because it gives the justices the chance to settle the question of whether litigants can raise ...