Six years after reaching a settlement, Lucky and Get Lucky are still trading judicial jabs.
Last week, a Manhattan federal district court judge sided with Marcel Fashion and Ezra Mizrachi’s Get Lucky apparel line in their claim Liz Claiborne Inc. and its subsidiary Lucky Brand Dungarees Inc.’s use of the “Get Lucky” mark constituted trademark infringement and unfair competition. The court said the unauthorized use was also a breach of a 2003 settlement agreement between the parties. Liz and Lucky were barred from using “Get Lucky” in connection with men’s and women’s apparel, fragrances and accessories.
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