直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

Supreme Court: Preclusion and Trademarks Don't Mix

May 15, 2020

Law.com

On May 14, 2020, the Supreme Court of the United States issued its decision in Lucky Brand Dungarees v. Marcel Fashions Group, a trademark case that questions whether a litigant can be precluded from raising a defense that it could have asserted, but didn’t, in a previous trademark action against the same opponent. the Court ruled Lucky’s defense was not precluded, because the new lawsuit did not raise the same trademarks and the same conduct. Law.com contacted Finnegan partner Naresh Kilaru for his thoughts on the case.

Justice Sotomayor cautioned that claim preclusion presents particular challenges in the trademark context, as marks and the items accused of infringing them are always evolving over time. Naresh said, “Here, the differences were not minor, but the takeaway people might have is that claim preclusion might never apply.”

Read the full article here.

Related Practices

Trademark and Brand Management

Trademark Litigation and Trials

Related Offices

Washington, DC

Related Professionals

Naresh Kilaru
Partner
Washington, DC
+1 202 408 4236
Email

Related News

Award/Ranking

Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked

May 28, 2026

Commentary

Quince Aims to Have ‘Dupe’ Evidence Shape Ugg Shoe Patent Trial

May 26, 2026

Commentary

New Appellate Opinion in Amazon Biometric Data Case May Signal ‘Narrowing’ Scope of BIPA Litigation, Experts Say

May 20, 2026

Award/Ranking

Finnegan Partner Antje Brambrink Shortlisted for Women in Business Law EMEA Award

May 13, 2026

Award/Ranking

61 Finnegan Attorneys Recognized on the 2025 Capital Pro Bono Honor Roll

May 7, 2026

Award/Ranking

Associates Rank Finnegan “Best of the Best” in BTI Associate Satisfaction Survey

May 7, 2026

Commentary

Justices to Side with Generic Drugmakers in Patent Spat, Attorneys Predict

May 5, 2026

Announcement

Finnegan Partner Ningling Wang Becomes President of Licensing Executives Society International

May 4, 2026

Award/Ranking

Finnegan Wins IP Firm of the Year at the 2026 LSPN Awards

May 1, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP