LexisNexis® Legal Newsroom
Judge Enters Default Judgment In Coverage Suit Over Steelers' Trademark Dispute

PITTSBURGH - A Pennsylvania federal judge on March 23 entered a default judgment against insureds in their insurer's declaratory judgment lawsuit challenging coverage for the Pittsburgh Steelers' underlying claims that the insureds infringed the "Terrible Towel" trademark with their...

Judge: Excess Insurers Have No Duty To Defend Bratz Dolls Trademark Dispute

SANTA ANA, Calif. - Because it has been previously determined that MGA Entertainment's primary insurers have a duty to defend an underlying Bratz Dolls trademark dispute, the excess insurance policies are not implicated, a California federal judge ruled April 12, further finding that the bad faith...

Panel Reverses Ruling That Insurer Has No Duty To Defend Claims Against Rock Band

LOS ANGELES - A California appeals panel on May 8 reversed a lower court's ruling that an insurer has no duty to defend the rock band Tool against an underlying lawsuit alleging copyright infringement and defamation ( Tool Touring Inc., et al. v. The American Insurance Company, No. B230136, Calif...

7th Circuit Affirms Trade Dress Claim Was Not Primary Focus Of $3.5M Settlement

CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 23 held that a trade dress claim was not the primary focus of an underlying $3.5 million settlement, affirming a lower court's finding that an insured is not entitled to an award for settlement reimbursement and prejudgment interest from...

Exclusions Bar Coverage Of Insured's Alleged Conduct, Michigan Panel Affirms

DETROIT - A Michigan appeals panel on June 19 affirmed a lower court's finding that exclusions in a professional liability insurance policy preclude coverage for underlying allegations that an insured hacked into a company's customer list and directly solicited customers ( Coral Reef Productions...

Judge: Insureds Fail To Show A Stay Of Advertising Injury Dispute Is Appropriate

DENVER - Insureds have failed to establish that a stay of an advertising injury coverage lawsuit pending the 10th Circuit U.S. Court of Appeals' resolution of their mandamus petition is appropriate, a Colorado federal judge ruled July 12, denying the motion ( Dish Network Corporation, et al. v. Arch...

Insurer Has No Duty To Defend Trademark Infringement Suit, Majority Affirms

KANSAS CITY, Mo. - A majority of the Eighth Circuit U.S. Court of Appeals on July 24 affirmed that an insurer has no duty to defend its insured against an underlying complaint because the complaint did not allege facts that would indicate that the trademarked phrase "Nature's Own" has the...

Judge Dismisses Coverage Action Stemming From Marilyn Monroe Image Dispute

LOS ANGELES - A California federal judge on Aug. 16 dismissed an insured's lawsuit seeking coverage for underlying advertising injury claims over images of Marilyn Monroe after the parties reached a settlement agreement (Tom Kelley Studios, Inc. v. State Farm General Insurance Company, et al., No...

6th Circuit Affirms $6.8M Ruling Against Insurer In Data Breach Coverage Suit

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 23 affirmed a lower federal court's $6.8 million final judgment against an insurer in a lawsuit seeking computer fraud coverage for losses arising from a data breach ( Retail Ventures Inc., et al. v. National Union Fire Insurance Company...

Settlement Agreement Included All Subsidiaries, California Appeals Panel Says

SAN FRANCISCO - A settlement agreement between London Market Insurers and BP America Inc. (BPA) included a release of environmental insurance policies issued to BPA's subsidiary, Atlantic Richfield Co. (ARCO), even though ARCO was not mentioned by name in the agreement, the California First District...

Illinois Court Finds Coverage In Trademark Case Was Excluded Under Policy

ELGIN, Ill. - An Illinois appeals court on Sept. 21 found that a trial court properly entered summary judgment in favor of an insurer, finding that coverage was excluded and that the insurer had no duty to defend a poultry-packaging company in relation to a civil contempt motion filed against it in a...

Louisiana Federal Judge: Insurer Has No Duty To Defend Trademark Lawsuit

NEW ORLEANS - A snow cone maker accused of trademark infringement and violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act 18 U.S.C.S. §§ 1961 et seq. , failed to persuade a Louisiana federal judge on Sept. 25 that its commercial liability insurer must provide it with...

4th Circuit Affirms: No Insurance Coverage For Patent Case

RICHMOND, Va. - A West Virginia federal judge did not err in finding that insurers properly denied coverage for an underlying patent infringement lawsuit, the Fourth Circuit U.S. Court of Appeals ruled Oct. 23 (Wilson Works Inc. v. Great American Insurance Group, et al., No. 12-1487, 4th Cir.). Subscribers...

California Appeals Court Says Insured, Patent Defendant Did Not Disparage

LOS ANGELES - Finding no evidence that an insured accused of patent and trademark infringement disparaged a competitor, a California appeals court on Oct. 29 ruled in favor of an insurer, holding that it has no duty to defend in the case ( Hartford Casualty Insurance Company v. Swift Distribution Inc...

Litigation Privilege Bars Coverage For Statements In ITC Proceeding, Judge Finds

SAN JOSE, Calif. - An underlying complaint against an insured did not trigger coverage under its commercial insurance policies, a California federal judge ruled Nov. 30, because the claims made against the insured in that action cannot constitute defamation or disparagement in light of California's...

Exclusion Requires Causal Connection That Is Lacking, 11th Circuit Finds, Reverses

ATLANTA - A federal court erred in finding that underlying claims for copyright infringement and violation of the Digital Millennium Copyright Act (DMCA) were excluded from coverage under an unauthorized use policy exclusion, the 11th Circuit U.S. Court of Appeals ruled Feb. 7, reversing and remanding...

9th Circuit: No Coverage For Trademark Infringement Claims Involving Domain Name

PASADENA, Calif. - Coverage for underlying claims that an insured infringed upon a claimant's trademark rights through its use of a website domain name is barred by an insurance policy's exclusion for "Unauthorized Use Of Name Or Product," the Ninth Circuit U.S. Court of Appeals affirmed...

Complaint Fails To Trigger Advertising Injury Coverage, Federal Judge Rules

SAN FRANCISCO - An underlying complaint against an insured for copyright and trademark infringement fails to allege facts that created a potential liability for an advertising injury, a California federal judge ruled March 19, dismissing a breach of contract and bad faith suit against the insurer (Purplus...

Judge: Evidence Does Not Eliminate Potential For Coverage Of 'Bratz' Dolls Suit

NEW YORK - A New York federal judge on July 9 found that the extrinsic evidence does not conclusively eliminate the potential for excess insurance coverage for an underlying copyright infringement lawsuit related to the insured's sale and distribution of "Bratz" dolls and associated merchandise...

Judge: Insurer Has No Duty To Defend Counterclaims In Patent Infringement Dispute

SAN FRANCISCO - An insurer has no duty to defend its insured against counterclaims as they are currently pleaded in an underlying patent infringement lawsuit, a California federal judge ruled July 12 (Travelers Property Casualty Company of America v. KFx Medical Corporation, No. C 13-00710 JSW, N.D....

Federal Court Finds For Insurer In Suit Seeking Coverage For Trademark Dispute

FORT MYERS, Fla. - A Florida federal court entered judgment in favor of a commercial general liability insurer on Aug. 27 in a dispute over coverage for an underlying trademark dispute (Power Corp. v. Amerisure Insurance Co., No. 2:12-cv-192-FtM-29DNF, M.D. Fla.; 2013 U.S. Dist. LEXIS 121077).

Federal Judge Compels Arbitration In London In Patent Infringement Coverage Suit

PHILADELPHIA - An excess insurance policy binds the excess insurer and its insured to arbitrate a patent infringement coverage dispute in London pursuant to a condition in the insured's primary policy, a Pennsylvania federal judge ruled Oct. 11 (Illinois Union Insurance Co. v. Teva Pharmaceuticals...

No Coverage Over 'Smart Candle' Name, Judge Rules In Advertising Injury Suit

DULUTH, Minn. - An insured has failed to establish a claim for slogan infringement in an underlying dispute over the use of the name "Smart Candle," a Minnesota federal judge ruled Jan. 14, granting the insurer's motion for summary judgment (Selective Insurance Company of America v. Smart...

Judge Stays Coverage Dispute Over Reese Witherspoon's Intellectual Property Suit

LOS ANGELES - A California federal judge on Jan. 22 stayed an insurer's declaratory judgment lawsuit disputing coverage for underlying claims that the insured used actress Reese Witherspoon's name and image without her permission for the sale of jewelry products (Maryland Casualty Co. v. Reese...

Mealey's Insurance - Panel Remands Case To Allow Insured To Show Damages For Aggravation, Inconvenience

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 3 ruled that a lower federal court erred when it denied an insured's former executive director the opportunity to prove consequential damages in the form of aggravation and inconvenience attributable to an insurer's breach of contract...