Mealey's (September 13, 2019, 10:12 AM EDT) -- WASHINGTON, D.C. — A defendant should not be precluded from raising defenses that were not litigated in a prior lawsuit between the same parties, an apparel company embroiled in a long-running trademark dispute argues in its Sept. 11 opening merits brief to the U.S. Supreme Court, calling a Second Circuit U.S. Court of Appeals “defense preclusion” rule inconsistent with the principles of claim and issue preclusion (Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086, U.S. Sup.)....