Six years after reaching a settlement, Lucky and Get Lucky are still trading judicial jabs.

This story first appeared in the April 28, 2009 issue of WWD. Subscribe Today.

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.

The ruling pertains to counterclaims Marcel and Get Lucky filed against Liz Claiborne and Lucky Brand that arose from a lawsuit they filed against Marcel Fashion and Ezra Mizrachi.

Nick Rubino, senior vice president and chief legal officer of Liz Claiborne, commented, “This ruling, which technically is months old, is unrelated to the main issue that caused us to sue Marcel in the first place: Lucky Brand’s claim that Marcel deliberately infringed on Lucky Brand’s well-known and long-established trademark, attempting to unfairly benefit from the consumer confusion that their actions have caused.

“We look forward to our opportunity to prove our allegations in court before a jury, and we are confident that we will prevail in the end,” he said.

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