Liz Claiborne and Lucky Brand to Pay Up

June 3, 2010 • Fashion


On Wednesday, a New York federal district judge ordered Liz Claiborne Inc. and its Lucky Brand Dungarees Inc. subsidiary to pay Marcel Fashion Group $300,000 in punitive and compensatory damages. 

The final judgment found that the jurors believed that the Lucky Brand infringed on Marcel's "Get Lucky" trademark. “This is a complete victory for the little guy,” commented 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.” 

Though the Marcel Fashion Group was looking for $30 million, the jury only awarded the brand $20,000 due to the fact that the jury believed that that Liz Claiborne did not "act in bad faith." The $280,000 in punitive damages reflect his company’s failure to comply with a 2003 agreement with Marcel, something that wasn’t under dispute during the trial. 

The apparel vendors had been trading legal jabs since 2005 when Liz and Lucky accused Marcel and its licensee, Ally Apparel Resources, of trademark infringement of their Get Lucky line. The firms reached a settlement in 2003, but soon after, Marcel filed counterclaims against Liz and Lucky when it learned of several instances where the firms allegedly had breached the agreement. 

-Taneisha Jordan

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