Judge Laura Taylor Swain
Marcel Fashion Group’s suit charging Lucky Brand’s infringement of its “Get Lucky” mark was settled in 2003. In 2004 licensee Ally Apparel Resources launched a “Get Lucky” line of jeans competing with Lucky Brand’s clothing collection. Lucky Brand’s 2005 lawsuit alleged that Ally’s “Get Lucky” products infringed its Lucky Brand marks. Marcel and Ally asserted counterclaims of senior use of the “Get Lucky” mark and that Lucky Brand’s marks infringed Marcel’s trademark rights and breached the 2003 settlement. Marcel’s April 2011 suit sought injunctive relief of Lucky Brand’s continued use of marks violating the “Get Lucky” mark. The court granted Lucky Brand and its codefendants judgment, finding Marcel’s complaint barred by res judicata. Final adjudication on the merits of the 2005 suitinvolving the same claims, trademarks and partiesbarred Marcel’s present action. Marcel further admitted that an April 22, 2009, injunction did not apply to the subject “Lucky Brand” marks. While the final judgment enjoined defendants’ use of Marcel’s “Get Lucky” mark, it did not contain specific injunctive language against defendants’ using its “Lucky Brand” marks and any mark including the word “Lucky.”
