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McKool announces federal ruling in trademark lawsuit against Lucky
Apr '09
The national law firm of McKool Smith is announcing a partial summary judgment and injunction in favor of Miami-based Marcel Fashion and Ezra Mizrachi's Get Lucky line of apparel following a federal court finding of trademark infringement and unfair competition against New York-based Liz Claiborne Inc and its subsidiary, Los Angeles-based Lucky Brand Dungarees Inc.

Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York issued the ruling (available here) on April 22, 2009. Marcel Fashion and Get Lucky are represented by lead trial counsel Ann Schofield Baker, a principal in McKool Smith's New York office, and Lawrence I Fox, a New York partner in McDermott Will & Emery.

In the ruling, the court found infringement against the Lucky Brand entities over their sale of garments bearing the unauthorized "Get Lucky" mark. The court further ruled that the infringement constituted unfair competition under federal and New York laws, including violations of New York's General Business Law.

The court also found that Lucky Brand breached a 2003 settlement agreement between the parties governing the use of the "Get Lucky" mark. The court's ruling permanently enjoins Lucky Brand from ever using Get Lucky on apparel, fragrances and accessories.

"Judge Swain's order granting Partial Summary Judgment was a tremendous win for our client Get Lucky," says Ms. Schofield Baker. "This ruling brings them a step closer to getting out of the court room and back to the business of selling their products where they belong."

The ruling comes on the heels of a decision by a Southern District of NY Magistrate Judge to award attorneys' fees to Get Lucky after issuing a sanction against Lucky Brand for its persistent refusal to comply with discovery obligations in the case. McDermott Will & Emery handled the sanctions motion, which resulted in the award of attorneys' fees and the partial judgment issued by Judge Swain. The trial may begin as early as May 2009.

McKool Smith

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