new defenses not precluded in trademark action based on different conduct and claims, says SCOTUS
On May 14, 2020, an unanimous Supreme Court held that new defenses are not precluded in a trademark action that challenged different conduct and raised different claims. Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., 590 U.S. __ (2020). Full text of opinion is available here.
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