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Is it a lucky brand for Marcel Fashions or unlucky brand for Liz Claiborne?

In fairness to all parties involved, I must be clear to point out that I know almost nothing about this case. Only what I know from reading a press release today on the subject. Anyway, I thought it was interest to write this up as a blog message so that I could point out to of the smaller size companies using the Fashion Industry Network, that it often pays to put up a fight when necessary. Even when going up against a goliath, fighting for your brands, trademarks, and other rights is important.

Marcel Fashions, GET LUCKY Win Trademark Infringement Verdict, Including Punitive Damages, Against Liz Claiborne, Lucky Brand

The law firm of McKool Smith today announced a nearly $300,000 verdict in favor of Miami-based Marcel Fashion Group Inc. and the GET LUCKY line of apparel following a federal trademark infringement trial against New York-based Liz Claiborne Inc. and its subsidiary, Los Angeles-based Lucky Brand Dungarees Inc.

In the juries verdict, which followed five days of trial, jurors found that Liz Claiborne and Lucky Brand sold garments that infringed the "GET LUCKY" trademark owned by Marcel Fashion. The jury also found that the companies' infringement amounted to unfair competition under federal law. The jury awarded punitive damages of $280,000.

Ezra Mizrachi, President of Marcel Fashion Group, owner of the GET LUCKY trademark since its first use in 1985, says "After 12 years of successfully defending our rights against Lucky Brand, we are now free to pursue a master licensing program for the GET LUCKY trademark."

Lucky Brand originally sued Marcel Fashion and its licensee Ally Apparel for trademark infringement in 2005, but evidence showed that Marcel Fashion had registered and used the trademark "GET LUCKY" years before Lucky Brand was even formed. Last year, the Court sanctioned Lucky Brand for its repeated discovery violations and awarded partial summary judgment on some of Marcel's trademark counterclaims and breach of a 2003 settlement agreement with Marcel Fashion. Today's decision follows counterclaims filed by Marcel Fashion against Liz Claiborne and Lucky Brand related to the unapproved use of the "GET LUCKY" trademark.

The case is Lucky Brand Dungarees Inc., et al. v. Ally Apparel Resources LLC, et al., No. 1:05-cv-06757.

For more information, contact Roger Cohen at 973-632-4694 or rogerjcohen@gmail.com

So, if Marcel won $300,000 approx, how much did they spend on legal fees. And how much time and effort was placed on this distraction rather then being able to focus on developing a fashion brand. Anyway, I assume they are very happy that this is all over.

Again, I truly do not know the facts, so I am not going to publically choose sides in this matter. We can all make our own determination regarding which company we believe played fair and which may not have.

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