Judgment in 'Get Lucky' Lawsuit
Lucky Brand Jeans, the Los Angeles–based denim brand, and its parent company, Liz Claiborne, have been ordered to pay a Miami clothing firm $300,000 following the conclusion of a 5-year-old trademark lawsuit.
The final judgment, signed by U.S. District Court Judge Laura Taylor Smith in New York on May 28, follows a trial in April where a jury found that Lucky Brand had violated the “Get Lucky” trademark used on a line of teen apparel made by Marcel Fashion Group.
Liz Claiborne launched the lawsuit in 2005, claiming trademark infringement by Marcel and its licensee, Ally Apparel. Liz Claiborne sought a preliminary injunction against Marcel to stop using or licensing the “Get Lucky” trademark.
The lawsuit followed a 2003 contract signed by the two parties in which Liz Claiborne agreed not to use the trademark phrase “Get Lucky” on any of its Lucky Brand products or promotional materials. Marcel registered the trademark in 1986. Lucky Brand was founded in Los Angeles in 1990 and was acquired by Liz Claiborne in 1999.
Liz Claiborne filed its lawsuit because, the company said, Marcel was using clover branding similar to Lucky Brand’s clover branding.
In August 2005, the court denied Liz Claiborne’s preliminary-injunction request. Marcel then filed counterclaims of trademark infringement against Liz Claiborne, resulting in the $300,000 award, which includes punitive damages. In the final judgment, Liz Claiborne waived all rights to appeal.
“This is a complete victory for the little guy,” said Ezra Mizrachi, president of Marcel Fashion Group, in a statement. “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.”—Deborah Belgum
