No. 18-1086October Term 2019Decided May 14, 2020
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc.
When a later lawsuit involves different claims and conduct, an earlier case does not automatically bar new defenses.
Case status
- Current stage
- Decided
- Latest event
- Decision released May 14, 2020
- What it's about
This case involved a long-running trademark fight between Lucky Brand and Marcel over use of the word "Lucky" on clothing. The Supreme Court held that because the later lawsuit involved different conduct and different claims than the earlier one, Marcel could not stop Lucky Brand from raising new defenses in that later case.
Question presented
Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.
- Case path
United States Court of Appeals for the Second Circuit / Decision released May 14, 2020
- Area
Decided Supreme Court case
Briefing
What it's about
Lucky Brand and Marcel were in a long-running trademark fight over the word "Lucky" on clothing. The Supreme Court said Marcel could not block Lucky Brand from raising new defenses in a later lawsuit because that later case involved different conduct and different claims.
Impact
The decision means a company in a repeat lawsuit is not automatically stuck with every defense choice it made in an earlier case. For example, brands fighting over a trademark can still raise new defenses if the later suit is about different acts or claims.
What's next
The Supreme Court has finished its work on this case. The parties and lower courts must apply the Court's view that Lucky Brand was allowed to raise new defenses in the later suit.
What was the main fight in Lucky Brand v. Marcel?
The companies disputed use of the word "Lucky" on clothing. The legal fight was over whether Marcel could stop Lucky Brand from using defenses not resolved in earlier litigation.
What are the real-world effects of this decision?
It gives businesses more room to defend themselves in later cases that involve new claims. That can matter in repeat trademark battles over new ads, products, or sales.
What happens after the Supreme Court's decision?
The Supreme Court's review is over. Any remaining proceedings must follow the Court's conclusion that Lucky Brand could raise new defenses in the later case.
Decision
What the Court decided
When a later lawsuit involves different claims and conduct, an earlier case does not automatically bar new defenses.
Impact
The decision means a company in a repeat lawsuit is not automatically stuck with every defense choice it made in an earlier case. For example, brands fighting over a trademark can still raise new defenses if the later suit is about different acts or claims.
Not official Court text.
Opinion documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials11
Supreme Court docket 18-1086
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
CourtListener docket record
docket | Jul 3, 2026
Questions Presented
brief | May 24, 2026
opinion
opinion | May 14, 2020
Petition
brief | Feb 15, 2019
Lower Court Orders/Opinions
order | Dec 7, 2018
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026