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Leigh Ann Benson, (left) and Stephen A. Miller, (right) of Cozen O'Connor. Leigh Ann Benson, (left) and Stephen A. Miller, (right) of Cozen O’Connor.

Two competing apparel companies find themselves before the U.S. Supreme Court after an 18-year trademark dispute. They are asking the court to consider the scope of the doctrine of res judicata, which precludes re-litigation of issues and claims that were, or could have been, litigated in a prior case.

In this case, the court will focus on the application of res judicata principles to defense arguments. Specifically, the court will decide whether Lucky Brand Dungarees is barred from raising a defense in a trademark infringement action brought by Marcel Fashion Group where the defense was not previously raised in prior trademark litigation between the parties.

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