McKool Smith Wins Punitive Damages in ‘Lucky’ Ruling

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McKool Smith client Marcel Fashion earned a cool $300,000, which includes $280,000 in punitive damages, from Liz Claiborne and Lucky Brand Dungarees in a hotly-contested trademark infringement dispute.

A McKool Smith press release reveals the final judgment and order, which incorporated a jury verdict and award of punitive damages, was handed down Wednesday by Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York.  The judgment follows an April jury verdict that found Lucky Brand’s ‘Lucky Brand’ trademark and its use of ‘Lucky’ and ‘Get Lucky’ infringed on Marcel Fashion’s GET LUCKY trademark and violated federal unfair competition laws.

“The award of punitive damages in a trademark case is highly unusual and reflects the egregious and reprehensible nature of Lucky Brand’s actions” says Ann Schofield Baker, head of McKool Smith’s national trademark litigation practice, who led Miami-based Marcel Fashion’s trial team.

  

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In fact, the jury verdict and final judgment “turned the tables” on Lucky Brand and Liz Claiborne, McKool Smith said. Lucky Brand and Liz Claiborne initially brought the suit against Marcel Fashion and its licensee, Ally Apparel, for trademark infringement in 2005.

“This is a complete victory for the little guy” says Ezra Mizrachi, President of Marcel Fashion. “Lucky Brand and Liz Claiborne tried to put the GET LUCKY apparel line out of business with this lawsuit, but instead, the jury decided that they are the ones who committed trademark infringement.”

McKool Smith has more than 120 attorneys in Austin, Dallas, Houston, Marshall, New York and Washington D.C.