Widely hailed as the best jeans in the kingdom of denim by fashionistas everywhere, Lucky Brand jeans fell victim to its own overripe image this week in its trademark infringement case against Miami-based Marcel Fashion Group, which sells the GET LUCKY line of apparel.
Following a five day jury trial in the Southern District of New York, the jurors handed down a verdict finding that aggrieved plaintiff Lucky Brand had in fact stolen its luck, and infringed on Marcel’s GET LUCKY trademark. Branding Lucky with a permanent bad actor stamp, the jury found that Lucky had acted wantonly and awarded punitive damages of $280,000 against it. Given that there was clear evidence that Marcel had registered and used the trademark GET LUCKY years before Lucky Brand was even formed, one has to wonder what Lucky’s lawyers were thinking in bringing the action. Putting aside the hubris induced by long-term exposure to the rarefied air of haute couture, one has to give serious consideration to the possibility that their jeans — fashionably cut a size too small — simply cut off circulation to their heads. This seems eminently reasonable, particularly since the verdict follows hot on the heels of last year’s sanction award against Lucky for repeated discovery violations.
While it’s still a toss up whether Lucky is going to try its luck with the court of appeals, rest assured that Lucky Brand jeans will still be available at your local outlet. If you hurry, you might get lucky and find a size that fits.
I am a commercial litigator and intellectual property lawyer in Orange County. Although my practice encompasses a wide variety of business disputes, I have a particular fondness for, and am prone to wax philosophical on, the subjects of copyright and trademark infringement in music, literature, art, and film.